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8/13/2019 Cannabis Aciton Coalition v City of Kent - Motion of ACLU Re Amicus Curiae Brief
http://slidepdf.com/reader/full/cannabis-aciton-coalition-v-city-of-kent-motion-of-aclu-re-amicus-curiae 1/7
NO. 70396-0-1
COURT OF APPEALS
FOR THE STATE OF WASHINGTON
DIVISION I
CANNABIS ACTION COALITION ET AL.,
Appellants,
v.
CITY OF KENT ET AL.,
Respondents.
MOTION OF THE AMERICAN CIVIL LIBERTIES UNION OF
WASHINGTON FOR LEAVE TO FILE AMICUS CURIAE BRIEF
GARVEY SCHUBERT BARER
Jared Van Kirk, WSBA #37029
Eighteenth Floor
1191 Second Avenue
Seattle, Washington 98101-2939
2064643939
Attorneys for Amicus Curiae
American Civil Liberties Union
of Washington
ACLU OF WASHINGTON
FOUNDATION
Sarah A Dunne, WSBA #34869
Mark M. Cooke, WSBA #40155
901 Fifth Avenue, Suite 630
Seattle, W A 98164
2066242184
8/13/2019 Cannabis Aciton Coalition v City of Kent - Motion of ACLU Re Amicus Curiae Brief
http://slidepdf.com/reader/full/cannabis-aciton-coalition-v-city-of-kent-motion-of-aclu-re-amicus-curiae 2/7
I IDENTITY AND INTEREST OF AMICUS CURIAE
The American Civil Liberties Union of Washington ( ACLU ) is a
statewide, nonprofit, nonpartisan organization with over 20,000 members
that is dedicated to the preservation and defense of constitutional and civil
liberties. t has particular interest and expertise in the areas of drug policy
reform and criminal justice. The ACLU has been involved in the
development of Washington's body of law regarding the medical use of
marijuana since the mid-l 990s. t endorsed the Medical Use of Marijuana
Act, which was approved as Initiative 692 by 59% of the state's voters in
1998 and codified at RCW 69.51A ( MUCA,,).I t also participated in the
drafting of the legislation that amended the MUCA in 2007, provided
written comment to the Department of Health during the development of
administrative rules relating to the MUCA, and actively supported
legislation that amended the MUCA in 2010 and 2011. Recognizing the
ACLU s involvement in this area, the Washington Supreme Court has
accepted amicus curiae briefs and memoranda from the ACLU in a
number of medical marijuana cases, including: State v Kurtz, No. 87078-1
2012); Roe v Teletech Customer Care Management Colorado) LLC,
No. 83768-6 (2011); State v Fry, No. 81210-1 (2008) Uoint brief with the
Washington Association of Criminal Defense Lawyers); State v Tracy,
I The Medical Use of Marijuana Act name was changed to the Medical Use of Cannabis
Act in 20 II, RCW 69.51 A.900.
SEA_DOCS: 1133724 1 - -
8/13/2019 Cannabis Aciton Coalition v City of Kent - Motion of ACLU Re Amicus Curiae Brief
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No. 77534-6 (2006) Qoint brief with the Washington Association of
Criminal Defense Lawyers); State v Ackerson No. 76152-3 (2005); State
v Shepherd No. 72521-7 (2002); and Seeley v State No. 63534-0 (1997).
The ACLU frequently provides information to the public regarding
the MUCA and related legal principles, including through its brochure
entitled Washington 's Medical Use of Cannabis Act: A Guide for
Patients, Providers, Health Care Professionals, Law Enforcement, and the
Public. t also presents on these topics at continuing legal education
seminars, and regularly consults on these issues with patients, providers,
government agency staff, and elected officials.
The ACLU was also a strong supporter of Initiative 502, which
legalized and regulated the use of marijuana for adults aged twenty-one
and older. 2013 Wash. Laws c 3 t continues to work on 1-502 related
issues by creating and disseminating public education materials,
presenting at continuing legal education seminars, and consulting with a
variety of relevant stakeholders.
In addition, the ACLU is actively involved in criminal justice
Issues broadly and works to ensure that our criminal justice system
comports with fundamental principles of justice, fairness, liberty, and
equality. t regularly submits amicus curiae briefs in criminal justice
matters implicating constitutional and civil rights and provides
information to the public concerning their legal rights. t is committed to
SEA_DOCS: I 133724 I - -
8/13/2019 Cannabis Aciton Coalition v City of Kent - Motion of ACLU Re Amicus Curiae Brief
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the preservation of important common law rights and defenses.
II. FAMILIARITY WITH THE ISSUES
The ACLU has reviewed the briefing submitted by the parties to
this Court as well as the orders of the trial court. t is familiar with the
scope of the arguments presented by the parties and will not unduly repeat
the arguments already presented.
III. ISSUES TO BE ADDRESSED BY MICUS
Whether the issue of federal preemption should be reviewed by the
Court of Appeals and whether the MUCA is preempted by federal law.
IV. WHY AMICUS BRIEFING WILL ASSIST THE COURT
Based on its legislative and advocacy work concerning the
criminal justice system the MUCA Initiative 502 and relevant principles
of Washington law the ACLU is uniquely positioned to address some of
the important legal and public policy issues in this case. In particular this
case raises issues of public interest concerning the intersection of state
marijuana laws and federal marijuana laws. The ACLU s amicus curiae
brief will provide the Court with additional argument and authority on
these issues not contained in the briefing filed by the parties. The ACLU
believes this supplemental information will be useful to the Court and is
necessary to a fully informed decision.
V CONCLUSION
For the reasons set forth herein the ACLU respectfully requests
SEA_DOCS: I 133724.1 - 3
8/13/2019 Cannabis Aciton Coalition v City of Kent - Motion of ACLU Re Amicus Curiae Brief
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that the Court grant leave to file the amicus curiae brief filed herewith.
DATED this 24th day o January 2014.
GARVEY SCHUBERT BARER
By = ~ = : : ~ared Van Kirk Bar 37029
Attorneys for Amicus Curiae
American Civil Liberties Union
o Washington
SEA_DO CS: 1133724.1 - 4
8/13/2019 Cannabis Aciton Coalition v City of Kent - Motion of ACLU Re Amicus Curiae Brief
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DECLARATION OF SERVICE
I Lori A. Druss, declare as follows:
I am a citizen of the United States ofAmerica, a resident of the
State of Washington, over the age of eighteen (18) years, not a party to the
above-entitled action, competent to be a witness herein, and have personal
knowledge of the facts stated below.
On January 24, 2014, I caused to be filed the foregoing Motion of
the American Civil Liberties Union of Washington for Leave to File
Amicus Curiae Brief, on behalf of the American Civil Liberties Union,
with the Clerk of the Court via Legal Messenger. On this same date, and
in the manner indicated below, I caused the American Civil LibertiesUnion's riefand this appended Declaration of Service to be served upon:
David Scott Mann
Gendler Mann LLP
1424 4th Avenue, Ste 715
Seattle, WA 98101-2297
[X] Legal Messenger; and
[X] Email: [email protected]
Joseph L. Broadbent, Attorney at LawP.O. Box 1222
Stanwood, W A 98292-1222
[X] Regular U.S. Mail
Douglas Hiatt, Attorney at Law
119 1 1 Avenue S., Ste 260
Seattle, W A 98104-3450
[X] Legal Messenger; and
[X] Email: [email protected]
SEA_DOCS: 1133724 1 - 5
8/13/2019 Cannabis Aciton Coalition v City of Kent - Motion of ACLU Re Amicus Curiae Brief
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Arthur Pat Fitzpatrick
Thomas C. Brubarker
220 Fourth Avenue S
Kent, W A 98032Attorney s for Respondent
[X] Legal Messenger
[X] Email: [email protected]
John Worthington
4500 S.E. 2nd Place
Renton, W A 98059
[X] Regular US Mail; and
[X] Email: [email protected]
Tim Donaldson15 N. Third Avenue
Walla Walla, WA 99362
[X] Regular US Mail; and
[X] Email: [email protected]
1 Preston Frederickson
15 N. Third Avenue
Walla Walla, WA 99362
[X] Regular US Mail; and
[X] Email: [email protected]
Tim Reynolds
Porter Foster Rorick LLP
601 Union Street, Suite 800
Seattle, W A 98101-4027
[X] Regular U.S. Mail; and
[X] Email: [email protected]
Kathleen Haggard
Porter Foster Rorick LLP
601 Union Street, Suite 800
Seattle, W A 98101-4027
[X] Regular U.S. Mail; and
[X] Email: [email protected]
ori A Druss
Legal AssistantSEA_DOCS: 1133724.1 - 6