Pubdate: 13 Jan, 1999 Source: Willamette Week (OR) Website: http://www.wweek.com/ Contact: John Schrag ROGUE OF THE WEEK When we endorsed the medical-marijuana initiative last fall, we realized that some people would try to abuse the law. We had no idea they would go to the depths of this week's rogue, Mike Assenberg. Our complaint with Assenberg is softened somewhat by our belief that he acted out of ignorance, not malice. Nonetheless, his behavior is exactly what's not needed to build public support for the controversial new law. On New Year's Eve Assenberg sat in the smoking section of the Abby's Legendary Pizza in Newport for a specific reason. He says he wanted to enjoy his pie without pain. And in order to do that, Assenberg, who suffers from a 14-year-old injury, needed to smoke a joint. The manager at Abby's said no, and Assenberg claims this refusal is a violation of his rights under the Americans with Disabilities Act. It would have been a good idea for Assenberg to have done more research before he started to make a federal case out of it. He admits that before he went into the restaurant he didn't know Oregon's law specifically prohibits smoking pot in public. Also, according to the ACLU, he has no case in federal court. Possession is still a federal crime, and the ADA does not allow for criminal activities. A cursory review of the situation would indicate that Assenberg easily qualifies for medicinal smoking--since his back was broken in 1985, he has suffered from excruciating pain every day. He doesn't like the side effects of morphine and codeine, so he's been using marijuana for three years. He hasn't talked to his doctor about it yet but has an appointment to do so later this month. Yet his actions on New Year's suggest he might be after more than pain relief. Convinced that the restaurant had violated his rights, Assenberg offered to keep the whole thing quiet if the chain coughed up enough money for him to buy a new computer. Now, he says, he's talking to attorneys about a lawsuit that could net him millions of dollars. - --- MAP posted-by: Rolf Ernst