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News (Media Awareness Project) - US FL: User Of Government-Provided Marijuana Drops Suit
Title:US FL: User Of Government-Provided Marijuana Drops Suit
Published On:2002-12-16
Source:Macon Telegraph (GA)
Fetched On:2008-01-21 17:05:32
USER OF GOVERNMENT-PROVIDED MARIJUANA DROPS SUIT AGAINST AIRLINE

BOCA RATON, Fla. - A man who legally uses government-provided marijuana for
medicinal purposes has dropped a discrimination lawsuit against Delta Air
Lines, but will continue pursuing his complaint through another federal agency.

Irvin Rosenfeld, 49, has dropped the suit because a federal appeals court
in Atlanta, hearing another case, ruled that citizens cannot sue airlines
under the Air Carrier Access Act, which prevents airlines from
discriminating against the disabled.

"The suit is squashed, which is a shame because we had them dead to
rights," said Rosenfeld, a stockbroker who is believed to be one of only
seven users of medicinal marijuana in the United States.

The federal court ruling stipulates that lawsuits alleging discrimination
against airlines must be filed through the U.S. Department of Transportation.

Rosenfeld claims Delta failed to let him board a flight from Fort
Lauderdale-Hollywood International Airport to Washington, D.C. in March
2001 with his marijuana.

The airline, he claims, said Rosenfeld needed advance approval to carry the
marijuana from each of the states the plane would fly over. Delta officials
were not available for comment Friday, when Rosenfeld announced he had
dropped the original suit.

Rosenfeld suffers from a rare bone disease causing tumor growth, which in
turn leads to muscle spasms, internal bleeding and severe pain. The
marijuana has been the only effective medication, he said.

Rosenfeld smokes about 12 marijuana cigarettes each day and has been
legally using the drug for about 20 years, he said.
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