CITY'S POT BAN IS UPHELD

Costa Mesa mayor says it's good news that judge denied request of
four medical marijuana users who are disabled.

A federal judge on Wednesday threw out a request to temporarily lift
Costa Mesa's ban on medical marijuana dispensaries.

The request for a restraining order, filed on behalf of four
disabled Orange County residents who use marijuana to treat their
ailments, was denied after Costa Mesa filed an objection with the
U.S. District Court in Santa Ana.

"It's certainly good news for the city because there are concerns
and issues with how some of the dispensaries are operating," said
Costa Mesa Mayor Allan Mansoor. "Not everyone is operating within
state law, and that seems to be lost in some of the arguments that
some of the supporters of medical marijuana are making."

Before requesting a temporary restraining order, Marla James, Wayne
Washington, James Armantrout and Charles Daniel DeJong, who are
disabled and have authorization to use marijuana for medical
reasons, filed a federal lawsuit against Costa Mesa and Lake Forest
under the Americans with Disabilities Act.

The suit alleges that both cities are violating the act by taking
away the plaintiffs' access to their medications, which in turn
prohibits them from enjoying public services.

Since February, Costa Mesa has been going after pot dispensaries
that are operating in violation of its law.

State law allows those with serious illnesses and doctors'
authorization to cultivate and use the drug, but the city's 2005
ordinance bans marijuana dispensaries from operating there - with no
exceptions.

Costa Mesa is aware of about seven to nine marijuana dispensaries
operating in the city as "health and wellness businesses."

Police have made arrests for sales and possessions for those
believed to be violating the state law.

Cease-and-desist orders were served to other dispensaries in the city.

A preliminary hearing is scheduled for April 26.

"We'll see how the actual hearing goes and take it from there," Mansoor said.