9th Circuit says man can sue Arcata, CA over good, old-fashioned Pot Party
While vaping advocates across the country are being shot down, left and right, over their right to vape in public parks, the weed community is gaining the support of the 9th Circuit Court of Appeals for their right to throw good, old-fashioned Pot Parties. Gregory Allen is a political activist for the California marijuana community, and his many previous attempts to throw a 420 celebration in a city park of Arcata were allegedly met with contempt by town officials on several occasions. According to Allen, the city found “excuses” to put the kibosh on his event for five years straight.
He sued the township in 2014, but the case was dismissed the following year because the lower court believed that the alleged injuries of the claim did not meet the two-year statute of limitations. Last week, the 9th Circuit reversed this ruling, which opens the door once again for Allen to sue the town of Arcata.
Arcata silliness over legendary Pot Party
Arcata is a small, rural area of about 17,000 people located about five hours outside of San Francisco, and its Pot Parties are legendary. In fact, the Arts and Entertainment channel (A/E) even produced a less-than-favorable documentary on the subject back in 2009, which only increased the national popularity of the event. For years, hundreds of people from all over the region would flock to Arcata to smoke weed, talk politics, and who-knows-what-else.
Understandably, Arcata officials apparently became increasingly agitated that their beautiful west-coast metropolis was gaining a national reputation as a haven for cannabis lovers. So – according to Allen – they resorted to come rather creative methods of disruption over the years.
One year, city officials scheduled a “tree-climbing operation” on the very same day as the Pot Party. Another year, they dumped "2,000 pounds of smelly fish-emulsion fertilizer in the park to deter the 420 celebrants," according to Allen’s lawsuit. This year, city elders simply shut the gates and padlocked the park to discourage anyone from entering – cannabis enthusiast or not.
While Allen and his team of misunderstood marijuana advocates prepare to take their case to court for the second time, Arcata City Manager Karen Diemer remains confident that the second case will also be dismissed in a timely manner.
"We believe there are additional grounds of basis to dismiss this case in its entirety, and we will address any specific complaint if an amended complaint is filed.”
Good thing that Allen didn’t bill the event as a “Vaping Pot Party.” Then, he’d really be in trouble!
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