Pubdate: 13 Jan, 1999
Source: Willamette Week (OR)
Website: http://www.wweek.com/
Contact:  John Schrag  ROGUE OF THE WEEK

When we endorsed the medical-marijuana initiative last fall, we realized
that some people would try to abuse the law. We had no idea they would go to
the depths of this week's rogue, Mike Assenberg.

Our complaint with Assenberg is softened somewhat by our belief that he
acted out of ignorance, not malice. Nonetheless, his behavior is exactly
what's not needed to build public support for the controversial new law.

On New Year's Eve Assenberg sat in the smoking section of the Abby's
Legendary Pizza in Newport for a specific reason. He says he wanted to enjoy
his pie without pain. And in order to do that, Assenberg, who suffers from a
14-year-old injury, needed to smoke a joint. The manager at Abby's said no,
and Assenberg claims this refusal is a violation of his rights under the
Americans with Disabilities Act.

It would have been a good idea for Assenberg to have done more research
before he started to make a federal case out of it. He admits that before he
went into the restaurant he didn't know Oregon's law specifically prohibits
smoking pot in public. Also, according to the ACLU, he has no case in
federal court. Possession is still a federal crime, and the ADA does not
allow for criminal activities.

A cursory review of the situation would indicate that Assenberg easily
qualifies for medicinal smoking--since his back was broken in 1985, he has
suffered from excruciating pain every day. He doesn't like the side effects
of morphine and codeine, so he's been using marijuana for three years. He
hasn't talked to his doctor about it yet but has an appointment to do so
later this month.

Yet his actions on New Year's suggest he might be after more than pain
relief. Convinced that the restaurant had violated his rights, Assenberg
offered to keep the whole thing quiet if the chain coughed up enough money
for him to buy a new computer. Now, he says, he's talking to attorneys about
a lawsuit that could net him millions of dollars.

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