Marla James, Wayne Washington, James Armantrout and Charles Daniel DeJong v. The City of Costa Mesa, City of Lake Forrest, et al.
Published: May 22, 2010 | Result Date: May 4, 2010 | Filing Date: Jan. 1, 1900 |Case number: SACV10-00404 AG (MGLx) Bench Decision – Dismissal
Court
USDC Central
Attorneys
Plaintiff
Matthew S. Pappas
(Matthew S. Pappas, Attorney at Law)
Defendant
Kimberly Hall Barlow
(Jones Mayer)
Jeffrey V. Dunn
(Best, Best & Krieger LLP)
Facts
The cities of Costa Mesa and Lake Forest imposed citywide bans on marijuana dispensaries. Medical marijuana patients filed suit against the cities, alleging violation of their rights under the Americans with Disabilities Act (ADA).
Contentions
PLAINTIFFS' CONTENTIONS:
The patients contended that the laws prohibiting dispensaries conflicted with their access to public services. They further contended that under the equal protection provision of the Fifth Amendment, disabled people in California must have access to all types of medication.
Damages
The patients sought to enjoin the cities from banning marijuana dispensaries.
Result
The court dismissed the claims, noting that marijuana use was still illegal under federal law and access to the drug was not covered by the ADA.
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