Petition for Rehearing En Banc in James v. Costa Mesa

June 4, 2012
The lawsuit, James, et al., v. City of Costa Mesa and City of Lake Forest, was initially filed in 2011 by people with disabilities using medical marijuana in accordance with California law to manage pain. They alleged that the plans of two cities in California to close legal marijuana dispensaries would violate the ADA by interfering with their access to medical marijuana. The lower court denied the plaintiffs’ request for a preliminary injunction to prevent the closures on the ground that the ADA does not protect against discrimination on the basis of marijuana use, even medical marijuana . . .