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Civil Rights
ADA
Fifth Amendment

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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