LA Judge denies TRO
May 26th, 2010 | by Don Duncan |
Judge David P. Yaffe
The LA Times reports that Superior Court Judge David P. Yaffe has denied a request for a Temporary Restraining Order (TRO) that would have blocked enforcement of the new medical cannabis ordinance against hundreds of collectives that opened after the Los Angeles city Council adopted a moratorium on new facilities in 2007. The plaintiffs hoped to stop the city from closing the post moratorium collectives when the city’s tough new ordinance takes effect on June 7.
The City Attorney’s office should not take too much comfort in today’s victory. This is probably one of many legal skirmishes that will result from implementation of the regulations. Americans for Safe Access (ASA) filed a lawsuit challenging due process violations in March, and an administrative appeal of parking and nonconforming use issues raised by the Zoning Administrator last week. Other individuals, collectives, and organizations vow additional challenges. Each side can expect to win and lose a few of these cases, but the City of Los Angeles will spend time and money fighting each at a time when city resources are scare. It remains to be seen how long the City Council will hold out before making reasonable concessions to patients and providers.
The legal confusion surrounding Los Angeles’ implementation should be a warning to other jurisdictions writing regulations right now. Some law enforcement and elected officials want to use the regulatory process as a way to roll back the Compassionate Use Act. That is the wrong approach. Cities and counties should heed the voters’ mandate “to implement a plan for the safe and affordable distribution of marijuana.” Otherwise, they will also face a determined grassroots base committed to holding onto the progress we have made since 1996. Stirring up that constituency will mean more controversy, bad media, wasted resources, and even more legal challenges.
Tags: David P. Yaffe, lawsuit, Los Angeles, medical cannabis, regulation
