Posted at: 01/02/2013 6:26 PM
Updated at: 01/03/2013 2:50 PM
Judge Shaun Floerke has ruled that the controversial head shop, The Last Place on Earth, is a public nuisance.
His ruling came out on Wednesday. The city considers it a step in the right direction.
"The important part is that he ruled it a public nuisance. And if that doesn't change, that it can be shut down for one year," said city attorney Gunnar Johnson.
In the ruling, Floerke said that he did not have the authority to shut the place down, as part of the temporary injunction proceedings.
However, the city and the store will go to battle again during the permanent injunction process, which will begin next week.
The order also said that police presence is necessary for members of the public to feel safe and comfortable down there.
The judge ordered the Last Place on Earth to foot the bill for two police officers be down there the whole time the store is open, and one hour before hand.
Carlson said he respects the judge, but doesn't agree with that decision. "Why should I have to pay for two? I pay a lot of taxes already, and I think those should be enough to cover any police officer salaries."
He maintains that his customers are not the nuisance, but that alcoholic panhandlers are.
He also said he's not afraid of being shut down. "Whether it's a different location, or whatever, there are things I could be doing," he added.
His attorney said they plan on appealing the judge's decision.
Carlson, his girlfriend, his son, and a former employee are facing federal criminal charges for allegedly selling illegal synthetic drugs in the _store.