Pubdate: Mon, 06 Aug 2007
Source: Inland Valley Daily Bulletin (Ontario, CA)
Copyright: 2007 Los Angeles Newspaper Group
Contact:  http://www.dailybulletin.com/
Details: http://www.mapinc.org/media/871
Author: Will Bigham, Staff Writer
Bookmark: http://www.mapinc.org/find?115 (Cannabis - California)
Bookmark: http://www.mapinc.org/mmj.htm (Cannabis - Medicinal)

CITY FIRM ON POT LAWSUIT

Council Not Softening After Dispensary Vote

CLAREMONT - Despite its vote last week to welcome 
a  medical-marijuana dispensary to town, the City Council  has shown 
no willingness to back down from its lawsuit  against former 
dispensary operator Darrell Kruse.

The paradoxical situation puts council members in the  odd position 
of denouncing Kruse's activity that led to  the lawsuit - namely, 
opening last year without  permission - while in the same breath 
acknowledging that he could one day be welcomed as the operator 
of  the city's planned dispensary.

"I think the city has that case against him, and we're  going to 
follow through with the judgment that's been  levied against him," 
Mayor Peter Yao said. "He clearly  violated city law - I'm not ready 
to excuse that."

Councilman Sam Pedroza concurred with Yao's judgment of  the lawsuit, 
but said it would not factor into the  city's willingness to consider 
Kruse, a Chino resident,  as a future dispensary operator.

"He has just as much a shot at being the choice as  anyone else if he 
meets the regulations," Pedroza said.

When the council took up the issue of medical marijuana  at its 
meeting last week, Kruse spoke during public  comment and pleaded 
with the city to drop its case  against him.

He said he got no response. He believes the city is  unwilling to 
drop its case against him because "they  started it."

"It's kind of like the Iraq war," he said. "You started  it, you have 
to carry it out to its end."

Kruse said he has been approached by the city to settle  the lawsuit, 
with potential settlement terms requiring  him to sign a statement 
promising not to reopen his  dispensary and pay $6,200 in fines. He 
rejected the  offer.

City Attorney Sonia Carvalho did not return repeated  calls seeking comment.

Assistant City Manager Tony Ramos said simply, "We are  still 
currently involved in a lawsuit with Mr. Kruse,"  and declined to 
elaborate when asked specific questions  on the case.

City officials remain weary of Kruse. When he opened  his dispensary 
in September, he adopted a  confrontational tone that put off city 
officials and  council members, who usually try to be cordial with 
developers and other potential business owners in the  city.

"I think he is his own worst enemy when presenting  himself before 
the city," Yao said.

Despite his troubles with the city and the shuttered  status of his 
dispensary, Kruse feels his Claremont  sojourn has been ultimately 
successful because it  forced the city to address the issue of 
medical marijuana.

"You have to change your plans and see the bigger  target," Kruse 
said. "In the long run, it's better for  the patients to have a dispensary."

On July 25, the council gave approval for one medical  marijuana 
dispensary to open in the city. The council  indicated it would 
require the dispensary to be a  nonprofit enterprise, and the 
business will likely be  subjected to restrictions on its operating hours.

An ordinance allowing a tightly regulated dispensary  will be 
considered by the council Sept. 11, City  Manager Jeff Parker said.

Pedroza acknowledged that without Kruse's early push in  Claremont, 
the council would not likely be debating the  issue.

"I think it definitely was the reason why we are  dealing with it," 
Pedroza said. "Other communities are,  I think, taking more time and 
know that it's something  that they need to put an ordinance together 
in their  own town.

"I don't think we had that luxury. I think we had to  put together 
something faster than we would have liked  to."

A court date for the case between Kruse and the city  has been set 
for Jan. 14 in Los Angeles County Superior  Court in Pomona.

In February, Kruse was ordered by a judge to shut down  through the 
conclusion of the trial.

Kruse believes he will likely lose his initial case in  Pomona, but 
on appeal will prevail against Claremont.

"I believe that his position is the righteous one and  is justified 
for legal reasons," said Allison Margolin,  Kruse's attorney. "In 
general, the appellate courts and  the California Supreme Court have 
been almost  overwhelmingly supportive of medical marijuana."
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