Court Throws Out Lawsuit Aimed to Stop Oakland Harborside Health Center Closure

 by lucy

The city of Oakland’s lawsuit that challenged the federal government’s right to shut down Harborside Health Center has been thrown out by a US magistrate judge.

Oakland had argued that by forcing Harborside to close, the federal government would be creating a public safety issue as 100,000 some odd patients would be forced to turn to the black market.

US magistrate judge Maria-Elena James ruled that Oakland’s intervention could not be carried out via the legal avenue the city had chosen.  The city was suing under the Administrative Procedure Act, which governs the way federal agencies establish regulations.  James did not believe that the city met the legal requirements to sue under that act.

Oakland City Attorney Barbara Parker said officials were going to consider all of their options, including an appeal.  Appealing would require City Council approval.

“We’re disappointed,” she said Thursday, “but we have strong convictions about the harm Oakland will suffer and is already beginning to suffer as a result of the forfeiture actions.”

Harborside Health Center’s owner, Steve DeAngelo, echoed the sentiments of disappointment.  In spite of it all, though, he is encouraged to have the city on his side.  He said, “The message of Oakland’s lawsuit remains powerful and relevant: The city council and mayor have determined that if Harborside Health Center is closed, the entire city will be harmed.”

 

[Source]

12 Responses so far | Have Your Say!

  1. 0

    KAI said on Feb 15, 2013

    I love that dispensary

  2. 0

    Quizy said on Feb 15, 2013

    THANK GOD.. We already have ALMOST NO GOOD PLACES TO GET RELIABLE WAX/CONCENTRATES.. and they wanna shut down harbor side? Come on!! In the East / South bay they are pretty much the ONLY reliable place that YOU CAN BE GUARANTEED your not gonna get harm full BHO/WAX… Yeah the selection is WAYYY better in so cal and i hope they get more good concentrates up here.. but we CAN NOT LOSE HARBORSIDE!! CHEERS!!

  3. 0

    gotdabs said on Feb 15, 2013

    Good for them!!! That's awesome.

  4. 0

    LordTHC said on Feb 15, 2013

    awesome to hear another step forward

  5. 0

    lucy said on Feb 15, 2013

    The is actually not a step forward for Haborside– the lawsuit was trying to get the feds to stop shutting them down but the judge threw it out, meaning that the feds can still force Harborside to close.

  6. 0

    Mr_DabMaN said on Feb 15, 2013

    uhh yea you guys are reading it wrong this is not a victory for Harborside, they are being still forced to CLOSE!!! ..lol….i think they made the headline stoney on purpose…

  7. 2

    K-Budzz said on Feb 15, 2013

    ugh. poor harborside steve dealing with nothing but bullshit. they better not close.WEED WARS all the way bitches

  8. 0

    alpha said on Feb 15, 2013

    have never been there-but through the show and my love for mj and mmj I tend to really pull for this place and guy. Plus he works with a guy who wears dresses.

  9. 0

    LordTHC said on Feb 15, 2013

    ahhh ic well u should have had more about the lawsuit in the article, lol, knowing that now i guess yeah not so good for harborside =/

  10. 0

    GGLynzee said on Feb 16, 2013

    Booooooo!! Harbor side and the show. It's aweful. Don't they realize this guy pays MILLIONS of dollars in taxes. Good job, Cali will be so much worse off if they do this with MMJ

  11. 0

    spkavyo said on Feb 16, 2013

    Just another reminder that if you stay below the radar, the feds will cut you some slack. Going on TV like Harborside did, and the growers up in Fort Collins, CO did is a guaranteed way to get shut down. If you don't rub their faces in it, they pretty much leave you alone.

  12. 0

    Elvers said on Feb 16, 2013

    spkavyo, very well said I tried to tell chubbbs when I first got on line with them this is like church keep it down or they could ruin it for everybody. you just backed up my statement. tks

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