ASA-NC Wins Privacy Issue



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JUDGE GRANTS REQUEST TO SEAL PATIENT'S RECORDS

Jeff Lake flew into town town Friday, July 6,  to file motions on behalf of ASA-NC.  We lost our request for a preliminary injunction to halt the Cultivation Ordinance because the Judge ruled that "no real harm" had been demonstrated by its passage.  

To address that claim, we collected over fifty Declarations from our members documenting the ways the Ordinance causes them harm.  Our motion on Friday requested the Court to seal the original declarations to protect the identity of our members and submit numbered declarations as evidence in the trial.  

Judge Dowling agreed to seal everyone's records (except for Patricia Smith's) as she is the Plaintiff in our lawsuit and has already waived her right-to-privacy.   "I am proud of the work our Collective does to reduce the suffering of terminally ill patients," stated Patricia Smith, President of ASA-NC and founder of GrassRoots Solutions.  "We are happy to let our story be heard."

Our next day in Court is scheduled for July 27th at 11:00 in the Superior Court of Nevada County, 201 Church Street, third floor, Nevada City.  Both sides will have the opportunity to make their case for (and against) the need for a preliminary injunction to halt enforcement of the ordinance while the case is being heard.  IF WE LOOSE, EXPECT CODE ENFORCEMENT EFFORTS TO BEGIN IN THE NEAR FUTURE.

SHADES OF THINGS TO COME

You may have heard that Yuba County has a similar ordinance to ours.  Their Sheriff has already started making unannounced Code Compliance checks.  A patient was recently threatened when he refused the officers' request for entry without a search warrant.  The Sheriff's department promised to return in "a few hours" with a warrant and claimed they would rip out every plant and take everything the patient owned if he did not cooperate RIGHT NOW.  So far, they have not returned, but this was over the 4th of July holiday.

RAID PREPARATION TRAINING

Would you know what to do if local officials or the Feds show up at your door?  Do you know what gives authorities "implied consent" to search you, your vehicle or your home?  Do you know when it is OK to talk - and when to remain silent?  Did you know that you could forfeit your rights without saying a word?

All of these topics and more will be covered on July 10 at ASA's Know Your Rights and Raid Preparation Training classes.   Just as the growing season moves into overdrive, Don Duncan,  ASA Field Director, will inform our members on how to conduct themselves whenever they encounter law enforcement officers.  Knowledge is key to protecting your rights and staying safe.      

We feel this information is so important, we will hold the classes in BOTH Penn Valley AND North San Juan.  There is a fee for this training to cover our costs ($25/ASA Members, $35/Non-Members), but no one will be turned away for lack of funds.   

Western Gateway Park                                                                                                     Senior Center                                      (in the Buttermaker's Cottage)                                                                                                                                                               18560  Penn Valley Drive                                                                                                                    Hwy 49                                                Penn Valley                                                                                                                                             North San Juan                                    1:00 - 3:00pm                                                                                                          4:00 - 6:00pm

 

 

 

 

 

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