Ordinance Upheld



Share this post

You Win Some, You Lose Some

Judge Dowling ruled in our favor concerning the right of Collectives to exist and struck down the requirement that all  members of the Collective must reside at the same location.  While this may seem like a small victory, it opens the door for other issues like the square foot requirements that make it impossible for Collectives to grow enough medicine to service their members.  One step forward...

For those of you that couldn't attend the hearing, I'd like to recap the highlights.  Our attorney, Jeff Lake was extremely impressive.  He was well prepared and made sound arguments that support our complaint.  County Counsel on the other hand, was woefully unprepared and fumbled the answers to questions posed by the Judge.

At one point, Judge Dowling asked County Counsel to define what a "single plane" meant.  County Counsel, Marcos Kropt, kept saying that a single plane was a single plane and then he stopped and asked the Judge what HE meant by a single plane.  Judge Dowling responded, "That's what I'm asking you!"  The courtroom erupted in laughter.

Another "highlight" occurred when County Counsel declared that, "We can do anything we want - even ban cultivation altogether."  My personal favorite was his statement, "Our Ordinance doesn't have to make sense."  Really?

Many people are under the impression that the trial is over.  It hasn't even started.  Everything to date has been preliminary hearings to try to halt enforcement of the Ordinance while the case is being heard.

Small Victories

We have already succeeded in getting several things removed from the Ordinance including the requirement that every patient and Collective had to register with the Sheriff's office, the setbacks from your garden to your property line, the total indoor cultivation ban, the opaque fence requirement was changed to translucent, and we have gotten them to increase the square footage allowance (although not nearly enough).  And now Friday's ruling has removed the primary residence requirement so we are slowly chipping away at the most egregious provisions in the Ordinance.

None of this would be possible without the support of our community.  I want to thank everyone for their generous donations to our legal defense fund.  We met our goal and then some.  However, the legal fees are ongoing so we need those of you that haven't contributed to the cause yet to step up and do your share if we want to see this through.

Even if we don't win on a local level, we feel we have an excellent chance at winning on appeal; and with your continued support, we will fight this all the way to the Supreme Court if necessary.  If we give up, the Ordinance will stand and they will probably be emboldened to ban cultivation altogether which is their ultimate goal.

Code Compliance Checks

We may start experiencing Code Compliance checks in the very near future.  If they come knocking on your door, please contact us immediately.  You only have FIVE DAYS to respond before they can eradicate your garden.  We will put you in touch with our lawyers so you will have the best advice on how to proceed.

Stephen Munkelt will be conducting a class on how to deal with Code Compliance checks and will outline your rights, the responses you should make, and how to contest a citation.  We will send out an alert as soon as we secure a date and a location.