Last Place on Earth: Still Closed
Posted at: 07/23/2013 6:06 PM
| Updated at: 07/23/2013 6:30 PM
The Last Place on Earth, closed since last Friday evening because of a temporary restraining order, is still closed Tuesday evening.
The city of Duluth would like Judge Shaun Floerke to keep it that way, and argued their case in front of him on Tuesday afternoon.
Attorneys allege that owner Jim Carlson is in violation of a city ordinance, which requires shops to have a license to sell synthetic drugs. They say asking Floerke to extend the temporary restraining order, and acknowledged it's an unusual request. But Alison Lutterman said, "It's all we have left, is to ask you to keep it closed. He's like a two year old throwing a temper tantrum. He won't follow the rules." Lutterman said in court that Carlson has not even applied for the license.
Carlson's attorney fired back, saying, "The city will lie and do anything they can, to justify the means. They believe Carlson is the personification of all things evil." He told the court and the media afterwards that the city is trying to use one argument about the ordinance in federal court, and then turning around and using it the opposite way in district court.
City Attorney Gunnar Johnson disagrees with that statement. "The city has a number of options, including going into court as we did. I think thsi will play in the city's favor."
Carlson said his customers aren't happy the store is closed, and that he's losing money during the busy tourism season.
The city is also asking for another hearing to prove why Carlson's shop should be ruled a nuisance, and shutdown for a full year. They said it's because of the sale of illegal synthetic drugs.
Floerke asked for transcripts from recent federal court proceedings. He said he's here till Friday, and then will be gone for two weeks. He's hoping he can have a ruling by Friday.