By Sharyn L. Decker
Lewis County Sirens news reporter
The nearly three dozen page lawsuit filed against the city of Centralia regarding its stance on marijuana businesses talks about many issues, but boils down to one thing: making the city make a decision.
“What we really want is to light a fire under their butts, essentially,” the petitioner’s attorney Elizabeth Hallock said.
Her client, Perry Nelson, would-be proprietor of a retail store RIU420, has been selected by the Washington State Liquor Control Board to receive a license, but he can’t move forward because the city won’t take any applications, Hallock said.
She called Nelson a law abiding citizen caught in the middle of a political game.
A hearing date was set for next month in Lewis County Superior Court, but the city this past week gave notice it would like the case to be heard in federal court.
Nelson’s lawyer’s reaction:
“The federal question has to be decided for the country one way or another,” Hallock said. “What happens in Centralia not only affects the state, now the entire country is watching.”
The lawsuit filed on June 10 is the second in the state regarding local governments and their positions on recreational marijuana businesses. The Wenatchee lawsuit focuses on the federal law issue, Hallock said, and Centralia’s is more about state law.
Centralia’s City Attorney Shannon Murphy-Olson said like every other jurisdiction, Centralia has been studying the issue.
The city put a moratorium in place in November and renewed it in April. The hold on marijuana businesses runs into October, she said.
City planners created a zoning ordinance that was tentatively approved by the city council, which then turned around and re-enacted the moratorium, she said.
“If you look at the votes, the council is split.” Murphy-Olson said. “It’s a very difficult issue.”
Nelson filed the complaint asking a judge for for declaratory, injunctive and mandamus relief regarding what it calls the city’s prohibition.
The court documents say he is a resident of Lewis County, but also give a “Tulalup” address for him. Hallock said she doesn’t know much about her client, but noted he had also put in an application in Everett, so he may have been jurisdiction shopping.
He turned to Hallock, who practices in Clark and Klickitat counties, because he knew she was very dedicated to the issue, she said. She currently running for District Court judge in Klickitat.
She’s already been involved in one marijuana battle in Cowlitz County Superior Court, she said.
Voters passed Initiative 502 in 2012, legalizing possession of small amounts for those 21 and over, and the Washington State Liquor Control Board has been issuing licenses to grow, process and sell.
But her client can’t move forward.
“He has also spent countless hours preparing his operating plans, business plans, employee handbook, filling out applications, and paying licensing fees,” Hallock wrote in the complaint. “Without permission to operate or even do construction on his site from the city, all of his time, money, and efforts will have been and will continue to be wasted.”
The suit claims the city has mis-used moratorium law – a land use decision-making tool – saying the city’s rolling moratorium is essentially a permanent ban and a pretext for assuaging community opposition.
Nelson argues doing so based on the criminal illegality of marijuana at the federal level is wrong.
“The fear of federal enforcement of federal criminal law against a tightly-controlled, state-regulated recreational marijuana system is unfounded,” Hallock writes.
The lawyer goes into a great amount of detail about how the city’s ban encourages a black market, in contradiction to the Department of Justice directives which prefer a tightly regulated state controlled system.
Finally, she speaks of I-502 as exclusively a matter of state concern.
The state attorney general issued an opinion that local jurisdictions have implied power to zone out marijuana businesses, since that wasn’t addressed in I-502, Hallock said.
But they don’t, she claims.
It’s clear based what’s called a “pregnant silence,” according to Hallock.
“The law did not address the role of cities because it did not intend for cities to be able to ban it,” she said.
Murphy-Olson has filed a notice of appearance on behalf of the city. Olympia attorney Jeffrey Myers has filed a notice of association with the city.
Hallock and attorney Jerrie Paine have filed notices of appearance on behalf of Nelson.
Hallock said she’s charging non-profit rates, because the issue is that important to her.
“They can spend all the tax dollars they want,” Hallock said. “We think the best thing is the city should just adopt the ordinance that allows the state law to proceed.”
The city has not yet filed an answer to the lawsuit, something it had 20 days to do. Instead, on Thursday, it filed the notice the case is removed to U.S. District Court.
•••
Read the initial filing in the lawsuit here
Tags: By Sharyn L. Decker, news reporter
for the sheriff’s department or any other law enforcement to mess with people who have marijuana cards tells me only one thing they do not respect the voters in Washington State for our right to use alternative medicine.we voted medical marijuana in 15 years ago and they are still harassing and making. People criminals over this matter I do not really wish bad thing for other people but if all u got cancer of the asshole.or some other form of cancer you would not be so quick to judge those who use medical marijuana for relief of pain and/or nausea.as your treatments will leave you with no will to eat and in alot of pain for days after your chemo treatment.and the pills they give you to make you eat do not work the medicine they give you for pain is nothing more than morphine or opium based drugs but that seems to be fine if you’re a prescription drug user,in this county there are more people who take over the counter drugs.. then smoke marijuana for pain or cancer treatments..I feel strongly that pills kill or let you die without the chance to feel any better only addicted .you all need to open up your minds because a closed mind cannot see past the problem for a different solution .if marijuana was the cure all I would tell you people to start smoking it soyour IQ would actually come up. because anyone who thinks you have to give up your civil rights just for the police to search you body cavity search you search your purse your home and all your possessions you are fucking high on yourself.for all you people who think the War on Drugs was good a thing just think how much more you could have done with your money u made . instead of paying more taxes to the government.so they could wage war on their own citizens for nothing more good trying to escape the realities of this world for a little while.so I say to all u alcoholics and pharmaceutical drugs addicts.that marijuana use for pharmaceutical purposes is nowhere near as addicting as for pharmaceutical medication .alcohol both legal from the federal government and our state.and as this boils down to one thing your choice as given to you by the government to make as to the use of what form of legal medication you choose to use
When did there become two “beenthere’s” on here? I keep thinking I wrote something I dont remember. Can someone tell me which “beenthere” has been here longer? Sharyn Decker do you know? I feel like one of us should change our name, what do you think “been there”?
@ soaper says – I want to thank you for taking my part and your kind words to me. To be honest I was surprised- which I guess is kind of a sad thing. I wish you and yours an easy peace in these uncertain times.
I’m actually not a stoner, I dont drink either. I use the arthritis cream cause it doesn’t effect my head like the codine I got from the doctor. I pay my bills by gardening, who wouldn’t like that job. It is astounding to me that more republicans aren’t outraged by the lack of regard for states rights and for the tenth amendment of the constitution not to mention the will of the people. That’s the platform that most of them run for office on. The only thing worse than a far left democrat is an insincere republican. Just a bunch of bigots who think that there is something with someone if they are not just like them. My IQ is 120 btw
maybe Law enforcement should gun own all people in Lewis County who have ever broke the law? I could only dream of living in a county where only the people who have never broke the law were the only ones to survive? wait a minute-there would be no one left in the county would there?
“My honest belief is that this attitude in Southwest Wa. is the primary reason decent employers WONT move businesses to this area. We live in an area that has easy access to interstate highways, rail, air and ship transport systems…Good old Lewis County where the wages are low and sadly so is the average IQ.”
So the fact that there’s an extensive history of flooding here has nothing to do with it? Maybe they don’t want to spend millions of dollars on facilities and inventory that stand a good chance of ending up underwater.
And a high IQ guarantees nothing. As Calvin Coolidge said, “Nothing is more common than unsuccessful people with talent.” The barista serving you lattes at Starbucks might have a higher IQ than the average person (they might even hold a college degree), but in the end they’re still only serving lattes at Starbucks.
How about that? “To funny” hit it right on the head and just liook at the potheads SQUIRM! Asinine is exactly right – and these morons’ grandkids will be shaking their heads and rolling their eyes in shamed disbelief.
doper…you sure sound like a doper the way you hate law enforcement. i would guess you must have quite the criminal history. It would actually be great if law enforcement went ahead and shot all the thieves and dopers in lewis county. what a great place it would to live. if you call what happened to that chick tragic you are wrong. she got what she asked for when she started doing dope. love how criminals are so quick to defend each other on here.
@To funny: Hello, if you are going to criticize a post somebody made as being subpar (in your opinion) because the way it was written and worse yet draw the conclusion that they must have extremely low IQ’s as well you should maybe start with spelling your own friggin handle correctly. Now that is TOO funny. Also, maybe consider using punctuation correctly. I normally never laugh at people because of their lack of writing skills on a forum. However, in your case, since you think you are above somebody who had something tragic happen to them it’s mandatory I point out your assery. Now enough of the grammar Nazism. However, like a Nazi you seem to support the concept that the will of the majority is irrelevant and the government shouldn’t have to acknowledge measures that PASS in the elections.
I also would like to hear a little more about the drug users who flock to Lewis County because “they think they can get away with more here.” Yes, in a city where the police gun you down and literally kill you if you steal a burrito or trying to run away from them and happen to have a pocket knife on you word tends to spread about the anarchy like atmosphere here and the druggers just flood the area. Now what was that about low IQ’s again?
I find this whole process fascinating.
Will a Federal Court direct a City Government to break a Federal Law in order to follow a State Initiative?
Either way, this could have very far reaching impacts well beyond pot smokers.
Just maybe the people of Lewis County are tired of the pot heads in King County being able to vote in asinine laws…Like 502. I would guess both Lurker and Sherri have low double digit IQ’S from the way they write.
Sherri I sincerely hope you don’t spend another dime, or for that matter, another minute in Lewis County. You sound like any other stoner who comes to Lewis County because they think they can get away with more here. Hopefully, after you serve your 30 months, you will move back under that rock you crawled out from under.
Sadly I agree with both above commenters. The local law enforcement will do all they can within or without the legal law to make anyone and everyone a criminal. Its a safe way for them to ruin someones life,and to put money in their pockets.
@ A Lurker
Succinct
They came onto my PRIVATE PROPERTY with their guns pointed at me ( loaded guns, and I’m pretty sure the safeties were off) when I showed them my medical marijuana cards they made it seem like we were gonna go through the cards, they would take a plant count and get off my property and be on their way. Insted they searched my home, went through my bedroom through my private dresser drawers touching all my stuff and before ever charging me with a crime took everything of value that I own. Sargent Shannon told me I had to leave my own property while they did this and not to worry they wouldn’t take the truck my brother gave me, he told me that twice, lying piece of facist crap, when I was finally allowed back onto my own property they had taken everything. A couple of months later they charged me with manufacturing with intent to disrtibute even though there were no baggies or scales or GUNS in my home. At the discovery hearing they failed to give my lawyer copies of the cards I had shown them and they had confiscated as if they did not exsist even though the police report said I gave them the cards. I belong to a collective that has over a thousand members and actually had to give copies of the cards to the prosecuting attorney and he looked at my lawyer and said I was wondering when you were gonna get these to me, as if that was OUR responsibility not his upon discovery. They told me I could plead to a FELONY and serve a year and a day in state prison or if I didn’t do that they were gonna throw the book at me and give me 30 months. My brother has pancreatic cancer and had I taken their deal I would probably never see him again. I have only lived here in lewis county for about a year thinking that living out in the country would be safer for me, I had no idea that the biggest threat I faced would be the law. The medical mmj law has been on the books for over fifteen years I had no idea there were places like this where local polititians were still discussing it and turning people into FELONS while the county waits for them to decide. They think the tenth amendment doesn’t exsist or apply and the will of the people of the state of washington also does not apply in lewis county. Their hubris is just astounding to me. Also they sent me paperwork saying they were going to auction off all my stuff, ironically the only people who would buy it would use it to grow pot. They sent me that paperwork months before they ever charged me with a crime. Of course I will not be spending another penny in lewis county if I can help it and as soon as I am able I will be moving.
My honest belief is that this attitude in Southwest Wa. is the primary reason decent employers WONT move businesses to this area. We live in an area that has easy access to interstate highways, rail, air and ship transport systems.
If I had spent my lifes energy building a successful business, I wouldn’t consider moving it to this area. Basically an entire County ignoring the will of the people of the State in this instance. Good old Lewis County where the wages are low and sadly so is the average IQ. Progessive employers are interested in willing and intelligent employees, and they pay well for those skill sets.
We wouldn’t be in as good of shape as we are, if a lot of coal hadn’t been buried under our feet. We will be back in the dark ages when the steam plant closes and probably deservedly so. Then all we will have are employers who feel we should be licking their boots and kissing their asses and thanking God we have a JOB. The remnants and leftovers from the old Wobbly movement fiasco and the trickle down effects of history.