Two weeks ago, the city of Oakland’s lawsuit that challenged the federal government’s right to shut down Harborside Health Center was thrown out by a US magistrate judge. This meant that the city could not stop the federal government from trying to shut down the renowned collective.
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.
Now, the city of Oakland is appealing James’ dismissal of the lawsuit. The city filed a notice yesterday that it is seeking a review of the case by the US Court of Appeals in San Fransisco.
The city has argued that Harborside is a cornerstone in their community and a shining example of medical marijuana compliance.