LPOE Owner Files Two Objections To The Most Recent Magistrate Report

By KBJR News 1

July 16, 2013 Updated Jul 16, 2013 at 6:15 PM CDT

Duluth, MN (NNCNOW.com) --- On Monday a federal magistrate judge denied the request of Duluth's Last Place on Earth owner, Jim Carlson, a temporary restraining order.

Carlson had asked the court to block the city from implementing a new city ordinance that requires anyone who sells synthetic drugs to get a license.

Carlson's attorney, Randall Tigue, filed 2 objections to the judge's decision on Tuesday.

Carlson's attorney claimed the licensing ordinance would cause his client to incriminate himself.

He invoked Carlson's Fifth Amendment rights to refuse to get the license.

The judge disagreed saying getting a license would in no way incriminate Carlson.

On Tuesday, Tigue argued that the magistrate erred in that determination saying Carlson would indeed suffer irreparable injury unless the injunction against the city is granted.

Tigue is concerned that if Carlson gets a license that would be an admission that he was selling mislabeled synthetic drugs and it could be used against him in his upcoming Federal trial.

Since the city's new ordinances regulating the usage of synthetic drugs went into effect on Thursday, the Last Place on Earth has not sold any synthetic drugs.

"Every single day that synthetic drugs are not sold in the city of downtown Duluth, it's a victory for the people of the city and for again civilized commerce," said Duluth City Councilor, Sharla Gardner.

City attorneys have until 12pm on Wednesday to respond to Carlson's answer to the Magistrate's ruling.

Duluth city leaders and police are hopeful that the court will continue to uphold the city's right to regulate synthetic drugs.

According to City Councilor, Sharla Gardner, police calls related to synthetic drugs have dropped by 2/3.

Calls within a 5 block radius of Last Place have gone down by 50%.

Elsa Robins