ANOTHER MEDICAL MARIJUANA USER SUES ROYAL OAK

ROYAL OAK - Another resident is suing the city because of its new
zoning ordinance that allows patients to use but not grow medical marijuana.

Christopher Frizzo, 47, a qualifying patient who has multiple
sclerosis, filed a lawsuit Monday in Oakland County Circuit Court. He
isn't seeking monetary damages.

"He wants Royal Oak to repeal its ordinance that limits medical
marijuana from being grown or cultivated and if they won't do it he
wants the judge to declare the Royal Oak ordinance unenforceable and
void," said Neil Rockind, one of Frizzo's attorneys.

Rockind, who is representing Frizzo pro bono, served the city with
the lawsuit in person. He was following up on a threat to sue made
during public comment of the Jan. 24 City Commission meeting.

"I think the way some politicians and localities are approaching
medical marijuana is hurting patients when it's their job to protect
people like Christopher Frizzo," Rockind said. "I marched down to
City Hall with the lawsuit in my hand and told the city clerk you'll
be getting to know me."

The Michigan Medical Marijuana Act passed by state voters in November
2008 allows qualifying patients to grow to up to 12 medical marijuana
plants or have a caregiver do it for them if both are registered with
the Michigan Department of Community Health.

Frizzo's lawsuit says he has no caregiver and grows his own medicine
because he has limited mobility and financial means.

In a phone interview, Frizzo said medical marijuana reduces the
severity of his muscle spasms and nausea while increasing his appetite.

"In minutes, the nausea and sick feeling goes away. It likes a
miracle," Frizzo said.

He also said he was reluctant to be a plaintiff in the lawsuit
because he didn't want to divulge that he was growing his own medical
marijuana and risk being targeted by police or criminals.

"I do feel endangered now," Frizzo said. "The city created an
ordinance and a situation that puts me at risk but I'm going forward
with this case to help patients. The city shouldn't be doing this to people."

City Attorney David Gillam said he knew the ordinance that
commissioners passed 4-3 would lead to lawsuits based on public
comments at the meeting.

"I'm not surprised," Gillam said. "We'll file our answer with
affirmative defenses. I expect the city and Mr. Rockind will file
briefs, appear for a hearing and the judge will make a ruling. I
don't expect a trial."

Adam Leslie Brook, 42, of Royal Oak filed a lawsuit Thursday,
alleging he will have to make costly and unnecessary efforts to
obtain medical marijuana if he can't grow his own. Brook's lawsuit
seeks an injunction to permanently prevent the city from enforcing
the ordinance against him, damages, costs and attorney fees.

That lawsuit also sought a temporary restraining order prohibiting
the city from enforcing the ordinance against Brook. However, Gillam
said it was denied.

"The court reviewed documents and decided in this case there was no
irreparable harm," Gillam said.

A hearing on the injunction is scheduled for 8:30 a.m. Feb. 16 before
Oakland Circuit Judge Rudy Nichols.