Pubdate: Sun, 06 Mar 2016
Source: Trentonian, The (NJ)
Copyright: 2016 The Trentonian
Contact:  http://www.trentonian.com
Details: http://www.mapinc.org/media/1006
Author: Sulaiman Abdur-Rahman

POLICE SHUTTER NJ WEEDMAN'S 'TEMPLE' DURING CURFEW ENFORCEMENT

TRENTON - Marijuana activist and businessman Ed Forchion, better 
known as NJ Weedman, alleges the city of Trenton violated his First 
Amendment rights early Saturday when police officers asked the 
congregants inside Forchion's East State Street sanctuary to pack up 
and vacate the premises.

"They came out here like it was a shooting," Forchion said of the 
police action. "The only thing that was missing was yellow tape."

Forchion operates enterprises across from Trenton City Hall that 
include NJ Weedman's Joint restaurant at 322 East State St. and the 
adjacent Liberty Bell Temple III LLC at 320B East State St.

Under the city code, Forchion's licensed restaurant falls under the 
regulation that prohibits his business from operating between the 
hours of 11 p.m. and 6 a.m. But Forchion says the Liberty Bell Temple 
III is "a church" that can legally operate 24/7 under the U.S. Constitution.

"I'm saying it's a church. I can operate whenever I want to," 
Forchion said Saturday afternoon about 12 hours after police had 
forced his congregation to disburse for the night. "The police would 
never, under any circumstances, show up at Shiloh Baptist Church 
after 11 and tell them to stop their activities."

More than a dozen Trenton police officers arrived at Liberty Bell 
Temple III about 2:10 a.m. Saturday to enforce the city's ordinance 
regulating an establishment's hours of operation.

"We have received complaints in that area," Trenton Police Lt. 
Stephen Varn said Saturday afternoon. Officers during Saturday's 
early morning hours saw Forchion's business sign was "lit up," 
according to Varn, who said: "There were numerous vehicles parked 
illegally in the area, so (the officers) went in and spoke with the 
owner and asked them to shut everything down for the night, and that 
was done without incident."

"There were parking summonses that were issued," Varn added, noting 
that the police department is "investigating" the "owner's claim" 
that Liberty Bell Temple III is a legitimate church.

On Saturday afternoon, Forchion was conducting business as usual at 
his joint. From there, he showed The

Trentonian paperwork indicating that Liberty Bell Temple III LLC is a 
"religious cannabis temple" recognized by the state of New Jersey's 
tax authorities.

The NJ Weedman opened his namesake restaurant and adjacent temple in 
June 2015. A corresponding joint resolution by New Jersey state Sen. 
Shirley Turner, Assemblyman Reed Gusciora and Assemblywoman Liz Muoio 
honored Forchion for his entrepreneurial spirit last year.

Parts of that joint resolution state: "The Senate and General 
Assembly of the State of New Jersey are pleased to recognize and 
acknowledge the grand opening of NJ Weedman's Joint in the City of 
Trenton" and "Whereas, in addition, NJ Weedman's Joint features a 
sanctuary, Liberty Bell Temple III."

Forchion said one of the responding officers to the early Saturday 
police action had alleged he was "trying to fleece the system" by 
calling his sanctuary a church. "It's actually a temple," Forchion 
said, calling the police action "a clear violation of the First Amendment."

"You have freedom of assembly. That's what we were doing last night: 
Assembling," Forchion said. "I formed it as a church for a reason: I 
have alternative thoughts and beliefs. Marijuana is a sacrament."

Phil Charles, manager of NJ Weedman's Joint, said people come to the 
sanctuary to be in "a peaceful environment."

"We are here not trying to break the law," Charles said Saturday 
afternoon. "We are trying to do what's right."

"This is the one bright spot in Trenton," Charles added. "This is the 
one place in Trenton where people can chill and go home peacefully."

The Rev. John Taylor, pastor of Friendship Baptist Church, said 
"there is a complicated process" involved in forming a legally 
recognized church in the state of New Jersey in the 21st century.

"You have to file with the state, file with the federal government 
for tax-exempt status and 501(c)(3) status," Taylor said. "It's not 
like the old days."

But Forchion, who originally opened a "Liberty Bell Temple II" 
religious corporation in California in 2009, said he had successfully 
proven the legitimacy of his church in California, making him "pretty 
confident" that he will be similarly successful in New Jersey when he 
brings the matter to court.

In the coming days, Forchion said he will file an injunction in 
federal court in an attempt to stop the city from enforcing the 
against his late-night assembly gatherings in his designated sanctuary space.

Forchion said he should be freely allowed to operate his late-night 
assemblies in the same way that a church would be allowed to have a 
midnight Mass.

He said people give charitable donations to his Trenton based temple, 
which he said is a subsidiary of the original Los Angeles-based 
temple he had founded years ago. Forchion displayed a clear jar 
Saturday afternoon that was filled with cash. "Nothing is free. 
Donate," read a note plastered on the jar.

"This is a church," Forchion said. "A church doesn't have an 'open' 
or 'closed' sign."

What argument does Forchion plan on making in federal court?

"I am going to basically argue this is a church-state issue," 
Forchion said. "I decided to open a church here in the city, and they 
are trying to hold me to their business hours. I registered as a 
cannabis temple. Can the city regulate my church per the business 
rules? I don't think so."
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MAP posted-by: Jay Bergstrom