COUNCILMEN BOYCOTT CLOSED SESSION ON MEDICAL MARIJUANA DISPENSARY

Three councilmen boycotted a closed session about shutting down a
medical marijuana dispensary because the issues should be discussed in
public, they said. The four council members who did attend the closed
session - which followed an emotional and crowded open session -
unanimously approved a resolution to pursue legal actions to shut down
the collective, which opened without a business license last week.

"I guess I have been led to believe that the city has a rock-solid
case and that there's binding precedent and there's nothing to worry
about, so I am a little surprised that we have anything to hide," said
Councilman Perry Woodward, a property lawyer, who boycotted the closed
session Monday night.

In accordance with Gilroy's year-old open government ordinance,
council members must vote on whether they should transition from open
to closed session. During the vote to do so regarding the dispensary,
three council members - Woodward, Peter Arellano and Craig Gartman -
voted against it. Woodward said that was the first time since the
ordinance was approved that the council had not voted unanimously to
do so.

The three councilmen who voted against the closed session also
dissented in a 4-3 vote last month that would have created a specific
ordinance to allow the dispensary, called MediLeaf.

After Monday's vote, but before the closed session, Gartman told
Woodward that matters to be discussed in closed session should be
discussed publicly, and Arellano happened to be standing behind them.
Gartman and Woodward said that's when they decided not to attend the
private meeting.

"Just because some people want to do something that's wrong doesn't
mean that I need to follow them," Gartman said.

Rather than joining their colleagues for the 30-minute closed session,
Woodward, Arellano and Gartman conversed with attendees in the council
chambers.

Gartman said the council should discuss openly whether MediLeaf was
operating out of compliance with city code. Those issues had not been
discussed publicly, he said Tuesday, and he questioned whether
releasing a resolution that had not been previously agendized violated
the Ralph M. Brown Act, a law governing public access to meetings.

Tom Newton, general counsel for the California Newspaper Publishers
Association, said Thursday that there is a "pretty broadly worded
exception" for going into closed session for legal matters. That
exception seems to include the council's resolution as well as city
code and zoning issues related to possible litigation against
MediLeaf, he said.

However, the council did not have to discuss those issues in private,
he said, and he found it commendable that council members would want
to discuss them publicly.

Councilman Bob Dillon said it was unfortunate that the three missing
councilmen did not attend the closed session because the meeting would
have benefited from their input. While Dillon and Councilman Dion
Bracco both favored the idea of discussing everything in the open at
first, Dillon said he ultimately trusted the city's legal counsel on
the matter.

It would have been unwise to discuss the city's legal strategy in
front of MediLeaf representatives, Dillon said.

Mayor Al Pinheiro said he was shocked when City Clerk Shawna Freels
said that Arellano, Gartman and Woodward were not attending the closed
session.

"Truly, I'm disappointed in this new approach, which is, 'I didn't get
the vote my way, so I'm not showing up,'" he said.

What's the point of voting whether to go into closed session, he
asked.

"Why not say, 'Whoever wants to show up, just show
up?'"

The circumstances in this case were unique, Woodward said. The
community was highly divided on the dispensary and the council was
merely deciding whether to pursue litigation.

"There's some times (in legal matters) when you need to maintain an
element of surprise, but there's nothing here that's a surprise," he
said Tuesday.

Pinheiro said the city will first seek a temporary injunction to
enforce the city's cease and desist order.

City Attorney Linda Callon would not comment on how the city would go
about pursuing litigation. After the open meeting, it was important to
go into closed session to allow council members to learn about various
legal alternatives, she said.

The council's decision came after a lengthy public comment period, in
which more than a dozen attendees, mostly medical marijuana
proponents, petitioned to keep the First Street dispensary open.
Several people held up placards that listed the ailments that they
treated with medicinal cannabis while one person holding up a sign
proclaiming, "Are you going to drive three hours to get my medicine?"

"This is not candy for hippies," said Richard Diehl, a volunteer at
MediLeaf, who said after the meeting that he has used marijuana
medicinally since the Vietnam War. "You're hurting your own
constituents. Do the right thing."

Dozens of attendees clapped and cheered after MediLeaf advocates
spoke, though Pinheiro had asked people to hold their applause until
after everyone had spoken. A sign that proclaimed "I (Heart) MediLeaf"
signed by dozens of people sat behind where members of the public
stood to speak.

Pinheiro said from the outset that the closed session intended to deal
with the fact that the dispensary opened without a business license
and that comments should pertain to that matter. Still, most speakers
discussed the merits of the dispensary itself.

MediLeaf spokseman Eric Madigan recounted how an older man with
glaucoma came to the dispensary last week but did not realize that his
cannabis card had expired because of his vision problems.

"The indifference of bureaucracy is killing people," he said. "This is
a basic human right. Everyone has the right to alleviate their own
pain and suffering."

MediLeaf had tried to obtain a business license on two occasions since
it opened last week, Madigan said, but it was denied both times
because it did not conform to federal law.

Gilroy resident and Gilroy Unified School District trustee Denise
Apuzzo said MediLeaf has not had an impact on safety or children after
being open for a week.

"I don't play God, you shouldn't play God, and only one of you can
should play doctor," she said, making reference to council member and
physician Peter Arellano. "(MediLeaf) has been open a week, and the
sky hasn't fallen."

Javier Patterson, who manages the dispensary, said MediLeaf created
more stringent background checks for 18- to 21-year-olds to help
better ensure that those who were using its services really needed
medical cannabis and were old enough to do so. He said the policies
were implemented after some people came by who appeared to be of
"questionable" age.

Meanwhile, Gilroy resident Ron Kirkish, who organized people to oppose
MediLeaf last month, said he felt bad for those with health problems
but felt the council needed to consider the well being of local children.

"I know we're going to possibly spend a lot of money," Kirkish said
about a possible lawsuit between the city and dispensary, "but every
time we have something to deal with, we can't look at how much it's
going to cost us."

Las Animas Elementary School parent club president Lisa Correnti, the
only other person who spoke against MediLeaf, said the city should not
approve a dispensary until there was a way to regulate it.

"I know all of my sign holders are at home, tucking their kids into
bed," she said.

Gartman wondered if the city was singling out MediLeaf.

"What they're saying is, 'I don't like those people,'" Gartman said.
"We have a restriction of trade issue here."

Woodward also questioned whether all nonprofits in Gilroy actually
have business licenses, but city staff verified that at least the most
prominent nonprofits, such as Gilroy Gardens and Salvation Army, did.

Irma Navarro, the city's revenue officer, said Thursday that all
businesses and nonprofits alike must receive a license, although
nonprofits do not have to pay a fee.

Meanwhile, MediLeaf continued to see patients, which they claimed
topped 250 people. The dispensary is ready to fight a legal battle
with the city if necessary but would prefer to work out their issues
by talking with the city, MediLeaf director Neil Forrest said Tuesday.

"We are prepared to go that route if need be, but hopefully sound
minds will prevail," he said.