Saturday, October 17, 2015

I should have read Chapter 5.72 sooner

I called out Dan DeYoung in the October 7th Council meeting for not reading or understanding the ordinance that he passed and that I am suing the City about.  I did so because he made remarks in the previous meeting that showed that he had not read the definition of “indoors” in the “Homegrown and Medical Marijuana” ordinance, which does not include any building with windows, like our houses.
But I should have apologized for not reading the ordinance myself before it was passed.  We had a good month to read it before the first reading of the ordinance, having been warned by the Courier.  I went by what was written in the Courier and what was said in Council meetings.  Apparently, so did everyone else who came to object.  We would have commented so much more knowledgeably and effectively if we had read the ordinance.
We weren’t even listening when the City Recorder read the ordinance at the July 15th meeting, when it was passed unanimously by the Council.  Neither was the Council, apparently.  Dale Matthews was, and played a section of tape on KMED, 1440 AM, that included “possession” in the activities allowed only “indoors.”  I verified this from the City website video, and told the Council at the next meeting.  They had the City Attorney amend it to remove “possession” from the ordinance and passed their final product on September 16th.
The articles in the Courier and the discussion in the Council were focused on the odor of growing pot around harvest time.  The ordinance treats it only as a sign of cultivation, which might attract thieves, the other reason that was given in the Courier and by city staff for the ordinance, but which was hardly touched upon by the Council. 
It seems as though nobody actually read this ordinance, including our City Attorney, who appears to have copied and pasted it from Central Point’s Chapter 8.45, changing only the name of the city.  Why else would he have had to remove numerous mentions of possession well after our Council passed it? 
But I knew better, from long experience, than to neglect to read a law that I have a problem with.  I did it 10 years ago with probation law, and beat probation.  I did it with Measure 91 and was able to tell Carl Wilson exactly what was wrong with it when he asked.  I am sorry that I didn’t do it with this ordinance until long after it was passed.

October 17, 2015 protest leaflet.  Published on GardenGrantsPass.blogspot.com.  Sign the petition at https://www.change.org/p/grants-pass-city-manager-aaron-cubic-leave-pot-growers-alone-target-litter-and-weeds
Read Chapter 5.72 at http://gardengrantspass.blogspot.com/2015/09/chapter-572-homegrown-and-medical.html
Support the lawsuit at www.GoFundMe.com/HomegrownDefense 

Rycke Brown, Natural Gardener          541-955-9040        rycke@gardener.com