CITY FIRM ON POT LAWSUIT

Council Not Softening After Dispensary Vote

CLAREMONT - Despite its vote last week to welcome
a medical-marijuana dispensary to town, the City Council has shown
no willingness to back down from its lawsuit against former
dispensary operator Darrell Kruse.

The paradoxical situation puts council members in the odd position
of denouncing Kruse's activity that led to the lawsuit - namely,
opening last year without permission - while in the same breath
acknowledging that he could one day be welcomed as the operator
of the city's planned dispensary.

"I think the city has that case against him, and we're going to
follow through with the judgment that's been levied against him,"
Mayor Peter Yao said. "He clearly violated city law - I'm not ready
to excuse that."

Councilman Sam Pedroza concurred with Yao's judgment of the lawsuit,
but said it would not factor into the city's willingness to consider
Kruse, a Chino resident, as a future dispensary operator.

"He has just as much a shot at being the choice as anyone else if he
meets the regulations," Pedroza said.

When the council took up the issue of medical marijuana at its
meeting last week, Kruse spoke during public comment and pleaded
with the city to drop its case against him.

He said he got no response. He believes the city is unwilling to
drop its case against him because "they started it."

"It's kind of like the Iraq war," he said. "You started it, you have
to carry it out to its end."

Kruse said he has been approached by the city to settle the lawsuit,
with potential settlement terms requiring him to sign a statement
promising not to reopen his dispensary and pay $6,200 in fines. He
rejected the offer.

City Attorney Sonia Carvalho did not return repeated calls seeking comment.

Assistant City Manager Tony Ramos said simply, "We are still
currently involved in a lawsuit with Mr. Kruse," and declined to
elaborate when asked specific questions on the case.

City officials remain weary of Kruse. When he opened his dispensary
in September, he adopted a confrontational tone that put off city
officials and council members, who usually try to be cordial with
developers and other potential business owners in the city.

"I think he is his own worst enemy when presenting himself before
the city," Yao said.

Despite his troubles with the city and the shuttered status of his
dispensary, Kruse feels his Claremont sojourn has been ultimately
successful because it forced the city to address the issue of
medical marijuana.

"You have to change your plans and see the bigger target," Kruse
said. "In the long run, it's better for the patients to have a dispensary."

On July 25, the council gave approval for one medical marijuana
dispensary to open in the city. The council indicated it would
require the dispensary to be a nonprofit enterprise, and the
business will likely be subjected to restrictions on its operating hours.

An ordinance allowing a tightly regulated dispensary will be
considered by the council Sept. 11, City Manager Jeff Parker said.

Pedroza acknowledged that without Kruse's early push in Claremont,
the council would not likely be debating the issue.

"I think it definitely was the reason why we are dealing with it,"
Pedroza said. "Other communities are, I think, taking more time and
know that it's something that they need to put an ordinance together
in their own town.

"I don't think we had that luxury. I think we had to put together
something faster than we would have liked to."

A court date for the case between Kruse and the city has been set
for Jan. 14 in Los Angeles County Superior Court in Pomona.

In February, Kruse was ordered by a judge to shut down through the
conclusion of the trial.

Kruse believes he will likely lose his initial case in Pomona, but
on appeal will prevail against Claremont.

"I believe that his position is the righteous one and is justified
for legal reasons," said Allison Margolin, Kruse's attorney. "In
general, the appellate courts and the California Supreme Court have
been almost overwhelmingly supportive of medical marijuana."