Pubdate: Wed, 12 Aug 2015 Source: Providence Journal, The (RI) Copyright: 2015 The Providence Journal Company Contact: http://www.providencejournal.com/ Details: http://www.mapinc.org/media/352 Author: Katie Mulvaney JUDGE REFUSES TO DISMISS MEDICAL MARIJUANA USER'S CASE AGAINST RI FIRM PROVIDENCE, R.I. -- A Superior Court judge Tuesday refused to dismiss a lawsuit accusing a Westerly fabric company of violating a West Warwick woman's civil rights and state law by denying her a paid summer internship after she disclosed that she carried a medical marijuana card. Judge Richard A. Licht denied a motion by Darlington Fabrics Corp. and its parent company, The Moore Company, to dismiss a lawsuit brought by the state affiliate of the American Civil Liberties Union on behalf of Christine Callaghan. The suit alleges that Darlington Fabrics violated the Rhode Island Civil Rights Act and the state medical marijuana law when it turned down Callaghan for a paid internship at the company in July 2014 after she told human resources she was a medical marijuana cardholder. Callaghan uses medical marijuana to treat "occasional debilitating migraine headaches," according to the ACLU. "We believe it is important to keep in mind the significance of this issue," Steven Brown, executive director of the state affiliate, said. "If the defendants have their way, any of the thousands of people in Rhode Island using medical marijuana for serious medical conditions would be forced to choose between taking lawfully this medication to relieve their pain or not having a job." Carly Beauvais Iafrate, who argued for the ACLU, said that though employers might not like the medical marijuana law, they must comply with it. "Our most important objective is people shouldn't have to chose between work and the best way to treat their medical condition," Iafrate said. Timothy C. Cavazza, a lawyer for Darlington, did not immediately return a phone call Tuesday. According to the lawsuit, Callaghan, of West Warwick, has participated in Rhode Island's medical marijuana program since February 2013. She sought an internship in Darlington's dye lab while pursuing a master's degree in textiles at the University of Rhode Island. The company indicated she could start July 2014. During a June 30, 2014, meeting with human resources she disclosed her medical condition and that she held a medical marijuana card. Callaghan, a graduate of Savannah College of Art and Design, explained that she would not bring medical marijuana onto the premises or come to work after having taken marijuana. On July 2, a human resources representative and company official informed her via speakerphone that they could not employ her because of her status as a medical marijuana patient. They called her again later and said she would not be hired because of her marijuana use. The ACLU is asking the court to declare that the company cannot discriminate against based on Callaghan's status as a medical marijuana cardholder. She seeks unspecified damages and a jury trial. - --- MAP posted-by: Jay Bergstrom