Suit targets pot bans

An attorney representing four medical marijuana patients Tuesday asked the U.S. District Court in Santa Ana to stop Costa Mesa from enforcing its ban on medical marijuana dispensaries.

Matthew Pappas’ request for a restraining order comes after the federal lawsuit four Orange County residents filed Friday, in which they cite the Americans with Disabilities Act. The lawsuit alleges that shutting down the dispensaries in Costa Mesa and Lake Forest prohibits Marla James, Wayne Washington, James Armantrout and Charles Daniel DeJong from obtaining marijuana, a medication they use to treat various disabilities.

“My clients are four disabled people,” said Pappas, an attorney from Mission Viejo. “All of them suffer from very serious disabilities. By taking away access to the medication that does work for them, that effectively means they are unable to use public services.”

The federal lawsuit filed Friday challenges the laws in Costa Mesa and Lake Forest that bar medicinal marijuana clinics.

The plaintiffs are asking the court to stop the two cities from banning marijuana dispensaries for those protected under the ADA, penalize them for violating the rules of the act and pay attorneys’ fees.

Costa Mesa Mayor Allan Mansoor said he had heard about the lawsuit, but was waiting to be briefed by the city attorney before commenting.

Although it is lawful in California for those with serious illness to cultivate and use marijuana with permission from a qualified health-care provider, Costa Mesa placed a ban on dispensaries in 2005, making it illegal for anyone to set up shop, even if they follow state law.

After the U.S. attorney general office’s decision to no longer prosecute medical marijuana dispensaries, many pot dispensaries opened statewide. At least seven to nine set up shop in Costa Mesa opened under health and wellness banners.

Costa Mesa reacted by making arrests for selling and possession and issuing cease-and-desist orders.

The plaintiffs’ argument that prohibiting access to medical marijuana denies them enjoyment of public services might not stand a chance based on two previous court cases, said Roger Jon Diamond, a Santa Monica criminal defense and civil rights attorney.

“I think it’s a very imaginative argument,” Diamond said. “The Supreme Court already ruled that federal laws trumps state laws in allowing for some marijuana use.”

In 2005, the Supreme Court ruled that federal laws prohibits the use, distribution or possession of any drug, and medical marijuana is no exception.

Then in 2009, the state court recognized the federal ruling when it upheld the city of Claremont’s right to ban marijuana dispensaries within its jurisdiction.

But Diamond said he wouldn’t discourage the plaintiffs’ lawyer from making such an argument.

“Sometimes a receptive court or a receptive judge considers a novel argument,” he said.