Judge Issues Restraining Order To Stop Operation Of Marijuana Farmers Market
LOS ANGELES (CBSLA.com) — A Superior Court judge Tuesday issued a temporary restraining order preventing the operation of a medical marijuana farmers market in Boyle Heights.
City Attorney Mike Feuer claims the California Heritage Market, which opened over July 4 weekend at West Coast Collective on Esperanza Street, violates Proposition D and creates a public nuisance in the neighborhood.
The measure, passed by city voters in May 2013, specifically lists marijuana dispensaries that are allowed to conduct business in Los Angeles.
Feuer, in his complaint against Progressive Horizon Inc., claims the market violates city land use law by allowing dozens of vendors to sell their products at one location. He also calls it an unfair business practice.
"We argued successfully that this so-called farmers market was an attempt to make an end-run around the will of the people which they voted to put Proposition D in place," Feuer told KCAL9's Jeff Nguyen.
The property where the farmers market was taking place on weekends is the site of a full-time dispensary. Tuesday's court order only limits weekend activities.
For now, the judge says the business' owners can't have multiple vendors. Local police and fire officials must also be able to access the site for inspections.
Only employees of the collective are authorized to sell marijuana.
The defendant's attorney maintains his client isn't skirting the law.
"For the city to now after the election say they are trying to ban and disallow all medical marijuana businesses, it really goes against the intent of the voters," defense attorney Dave Welch said.
Both sides are due back in court on Aug. 6 for a preliminary injunction hearing.
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