The former location of Discontent will soon be home to a sampling lounge, Discontent owner Tom Tepley said Friday. Pyromaniacs could possibly be open in the new location at 815 Main Avenue later this week, Tepley said. Pyromaniacs was originally located at 23 4th St. S. before it and Discontent closed indefinitely in January after a new city ordinance banned the sale of items deemed to be drug paraphernalia. Tepley said his brother, who owns the property, rented out a portion of the building to Pyromaniacs for a tobacco and shisha – or hookah – sampling lounge.
Trepley said he had built the portion of that building specifically for a sampling lounge for Discontent, but he didn’t want to open it himself for fear of prompting another lawsuit. “I told them, you know, you’re probably going to get harassed (by the city),” Tepley said. “So I wish those guys a lot of luck.” Discontent still won’t be operating out of the location yet, as Tepley said he is awaiting the outcome of his lawsuit with the city before deciding his next step.
Tepley filed a federal lawsuit against the city of Moorhead earlier this year after the new ban on pipes and bongs was enacted. The lawsuit argues that the items sold by Discontent actually do not constitute drug paraphernalia under the city’s ordinance. It further argues that under threat of criminal prosecution from the city, the employees were forced to close the store, which it claims caused irreparable injury and economic damages.
The lawsuit asks that the city ordinance be declared unconstitutional under federal law and requests a court order to bar the city from enforcing it. After the suit, Tepley said he has considered moving Discontent to another location or just retiring. “Maybe I’ll look at a different market, a more business friendly market,” he said.
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