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Suit filed against Costa Mesa and Lake Forest for violation of Americans with Disability Act

April 05, 2010|By David James

PRESS RELEASE

April 2, 2010

Qualified persons under the Americans with Disabilities Act (ADA) have filed suit in Federal District Court, Central District of California – Santa Ana – to enjoin the cities of Costa Mesa and Lake Forest from preventing access to medical marijuana collective dispensaries.

As persons with a ‘unique position’ the Plaintiffs assert that by conducting police and code enforcement raids, shutting down collectives, harassing patients and collective operators the Plaintiffs are effectively denied access to public services as provided for under the ADA.

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Plaintiffs assert that their position is unique in the area of marijuana access law because, other than growing, harvesting and preparing marijuana themselves, the only legal avenue for them to obtain the medication legally is thru collective dispensaries.

The suit asks, among other remedies, that the Federal Court “Order the cities of Costa Mesa and Lake Forest establish reasonable codes, regulations and ordinances that will accommodate the needs of qualified persons under the ADA so as to be able to legally access marijuana under California law.”

The suit on behalf of Marla James, Wayne Washington, James Armantrout and Charles Daniel DeJong is filed as: Marla James, et al vs. The City of Costa Mesa, California, et al. U.S. Federal Court docket # SACV10-00404 AG (MGLx)

The Law Office of Matthew Pappas (949) 371-7881 is handling the suit on behalf of the Plaintiffs.

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