Pubdate: Tue, 8 Feb 2011
Source: Daily Tribune, The (Royal Oak, MI)
Copyright: 2011 The Daily Tribune
Contact:  http://www.dailytribune.com/
Details: http://www.mapinc.org/media/1579
Author: Catherine Kavanaugh, Daily Tribune Staff Writer
Bookmark: http://www.mapinc.org/topic/Royal+Oak+City

ANOTHER MEDICAL MARIJUANA USER SUES ROYAL OAK

ROYAL OAK - Another resident is suing the city because of its new 
zoning ordinance that allows patients to use but not grow medical marijuana.

Christopher Frizzo, 47, a qualifying patient who has multiple 
sclerosis, filed a lawsuit Monday in Oakland County Circuit Court. He 
isn't seeking monetary damages.

"He wants Royal Oak to repeal its ordinance that limits medical 
marijuana from being grown or cultivated and if they won't do it he 
wants the judge to declare the Royal Oak ordinance unenforceable and 
void," said Neil Rockind, one of Frizzo's attorneys.

Rockind, who is representing Frizzo pro bono, served the city with 
the lawsuit in person. He was following up on a threat to sue made 
during public comment of the Jan. 24 City Commission meeting.

"I think the way some politicians and localities are approaching 
medical marijuana is hurting patients when it's their job to protect 
people like Christopher Frizzo," Rockind said. "I marched down to 
City Hall with the lawsuit in my hand and told the city clerk you'll 
be getting to know me."

The Michigan Medical Marijuana Act passed by state voters in November 
2008 allows qualifying patients to grow to up to 12 medical marijuana 
plants or have a caregiver do it for them if both are registered with 
the Michigan Department of Community Health.

Frizzo's lawsuit says he has no caregiver and grows his own medicine 
because he has limited mobility and financial means.

In a phone interview, Frizzo said medical marijuana reduces the 
severity of his muscle spasms and nausea while increasing his appetite.

"In minutes, the nausea and sick feeling goes away. It likes a 
miracle," Frizzo said.

He also said he was reluctant to be a plaintiff in the lawsuit 
because he didn't want to divulge that he was growing his own medical 
marijuana and risk being targeted by police or criminals.

"I do feel endangered now," Frizzo said. "The city created an 
ordinance and a situation that puts me at risk but I'm going forward 
with this case to help patients. The city shouldn't be doing this to people."

City Attorney David Gillam said he knew the ordinance that 
commissioners passed 4-3 would lead to lawsuits based on public 
comments at the meeting.

"I'm not surprised," Gillam said. "We'll file our answer with 
affirmative defenses. I expect the city and Mr. Rockind will file 
briefs, appear for a hearing and the judge will make a ruling. I 
don't expect a trial."

Adam Leslie Brook, 42, of Royal Oak filed a lawsuit Thursday, 
alleging he will have to make costly and unnecessary efforts to 
obtain medical marijuana if he can't grow his own. Brook's lawsuit 
seeks an injunction to permanently prevent the city from enforcing 
the ordinance against him, damages, costs and attorney fees.

That lawsuit also sought a temporary restraining order prohibiting 
the city from enforcing the ordinance against Brook. However, Gillam 
said it was denied.

"The court reviewed documents and decided in this case there was no 
irreparable harm," Gillam said.

A hearing on the injunction is scheduled for 8:30 a.m. Feb. 16 before 
Oakland Circuit Judge Rudy Nichols.  
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MAP posted-by: Richard Lake