News
MediLeaf Collective Dispensary News
In Response to Judge McKenney’s Ruling
Gilroy Dispatch Article:
In an eight-page court order, Judge Kevin McKenney granted
the city a "summary judgment," paving the way for the city to issue
an injunction to shut down MediLeaf, which has been open in west
Gilroy for about eight months. Jim Roberts, the dispensary's
attorney, said MediLeaf plans to appeal the case.
Those who are concerned that we opened illegally must realize we
applied on numerous occasions. MediLeaf was denied the right to
obtain a business license at the staff level. This is a
violation of due process and an applicants' constitutional rights as
only the City Council has the authority to deny a business license.
The proper procedure was for staff to defer the application to the
city council.
MediLeaf's Board of Directors spent thousands of dollars to assist
the City Council in creating an ordinance that would balance the
rights and welfare of all the City's residents.
Based on the fears of a few vocal citizens within a City Council
Study Session, the City Council, in violation of it's own rules and
regulations, voted "not to proceed" in the creation of a City
Ordinance to regulate the sale of medical cannabis. Quoting from the
City Council's own agenda for this meeting:
"NO ACTION MAY BE TAKEN on a matter under Study Session other than
direction to staff to further review or prepare a report. Any
proposed action regarding items on Study Session must be agendized
for a future Regular or Special City Council meeting."
The proper procedure was to complete the ordinance as voted and
approved within the previous regular City Council meeting.
As Court Judge Kevin Murphy stated during a previous court
proceedings. "Gilroy's City
Council comes before the court with unclean hands..."
Respectfully submitted,