Friday, June 3, 2011

Costa Mesa Injunction Update

The more things change the more they remain the same as the saying goes.  Orange County Superior Court Judge Chaffe heard arguments today from both sides of the city of Costa Mesa "Nusiance" injunction today in court.  This matter was in court today regarding the issuance of a Preliminary Injuction being sought by the city of Costa Mesa.

The bottom line was that Judge Chaffe told all parties he is going to take the matter under submission before issuing a ruling.  Among the attorneys zealously representing the dispensaries were Chis Glew, and Todd Minzer (spelling).  Both attorneys appeared well prepared and well versed on the law.

One interesting thing that came out of the hearing is how petty the city of Costa Mesa is being with this matter. For instance Glew brought up the fact that the city is hindering the curing of the violations that they themselves are are seeking to enjoin.  Glew told the court that the city will not even come out to inspect or fully inform the defendants exactly what the violations are. Note this may be cleared up as the attorneys and city officials appeared to reach an agreement on this issue after the hearing.

It seems that the attorneys have been able to ensnare the city in its own arguments here as the city sought to enjoin several massage parlors and dispensaries under one umbrella so as to disguise their true intention of going after the dispensaries.  That plan has largely backfired as attorney Minzer keenly pointed out that any alleged prostitution activities cannot properly be coupled with the dispensaries since prostitution is illegal under state law.

Said Minzer, "the city is offering no additional harm but patients will suffer due to lack of safe access allowed under state law. " Well said counselor.

Expect a ruling in about a week.