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Medical marijuana patients aren't sitting idly by watching city attorney and city council wage a legal battle against illegal dispensaries and the landlords that lease space to them.

On August 13, eight medical marijuana patients filed a complaint against the city and mayor Kevin Faulconer for violating the Americans with Disabilities Act by imposing harsh land use restrictions on dispensaries and collectives.

The complaint is an example of medical marijuana patients and their attorneys trying to chop down the city's medical marijuana ordinance by using state and federal law.

In April of this year, as reported by the Reader, a Los Angeles attorney filed a complaint alleging the city council's newly adopted ordinance violated the California Environmental Quality Act (CEQA) by forcing patients to drive long distances to obtain their medicine. That case is ongoing.

The new complaint uses federal and state disability laws as well as the state's medical marijuana act to poke holes in the ordinance.

One of the patients, according to the complaint, has been diagnosed with AIDS. All of which participate in private, not-for-profit collectives which claim to abide by the state's medical marijuana law.

"For purposes of those parts of this Complaint that allege violation of and that seek relief under federal disability law, each of the Plaintiff patients suffer from, have a record of, or is regarded as having a physical or mental impairment that substantially limits at least one (1) major life activity including, but not limited to, caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, and/or working. If such physical or mental impairment suffered by any of the Plaintiff patients is episodic or in remission, the impairment limits a major life activity when active."

The complaint accuses public officials and city employees of enacting legislation as if San Diego were a sovereign nation.

"By using taxpayer dollars to violate state law...the Defendants are harming all taxpayers, including the Plaintiffs. A city is not a separate sovereign in California and thus wastes taxpayer dollars in violation of 526a any time it violates the provisions of state law, whether statutory or case law based."

Attorney Matthew Pappas is asking a judge to suspend enforcement of the ordinance until the conclusion of the case.

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Comments

Javajoe25 Aug. 15, 2014 @ 1:59 p.m.

There are some excellent points being raised here. If, the good State of California, in its infinite wisdow...blah, blah, blah, and a doctor, licensed by the good State, says marijuana is legal and recommended for medicinal purposes, who the hell is the city of San Diego to say, "We are going to make it hard as hell for you to obtain it,"? This is just a case of blue-blood Mormon mentality trying to force its beliefs on everyone else.

If the City wants to regulate things for purposes of safety and better health, then why don't they say bars and liquor stores should be located out in the middle of nowhere, away from schools, and playgrounds, and all those other places they feel are threatened by the presence of a marijuana clinic. There are more crimes and violent acts associated with alcohol than pot. The prisons are filled with people who did stupid things while under the influence of alcohol. Rarely with marijuana.

The City Council needs to get back to doing things like improving public transportation, developing businesses and jobs and other things that enhance the lives of the citizens of San Diego, and stop trying to force their moral and ethical beliefs on others.

3

Founder Aug. 15, 2014 @ 2:47 p.m.

Seems that the City of San Diego is forever changing their enforcement of CA Laws to suit those in Power instead of enforcing the Laws which have been voted on and approved by those living in San Diego!

This is not the old Golden Rule we all learned when we were growing up:

Do unto others as you would want them to do unto you

but a far more sinister New Golden Rule:

Those with the Gold get to make the Rules...

Welcome to $an Diego

1

Founder Aug. 17, 2014 @ 3:30 p.m.

The San Diego that those of us lucky enough to have lived here for a while is going to be nothing like what $an Diego is going to be like in the next decade or two.

BIG Money (BM) will rule every decision and what the people want will be only considered if it somehow agrees with what BIG money wants and if there are any conflicts expect to see M$M sway the publics opinion with massive amounts of propaganda, since they too are part of the BIG Money that now owns $an Diego.

Future bumper sticker:

$an Diego is filled with BM

0

danfogel Aug. 17, 2014 @ 5:56 p.m.

founder/captd I moved to San Diego in 1976. Big money was in charge even back then. Big money is ALWAYS in charge. The notion that "the people" had anything to do with what happens in San Diego, at least since Pete Wilson was mayor which is when my time began, is simply ludicrous.

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