United States Ninth Circuit
James v. City of Costa Mesa, 10-55769
In a case in which the plaintiffs alleged that two cities, by interfering with their access to the medical marijuana they use to manage their impairments, effectively prevented them from accessing public services in violation of Title II of the Americans with Disabilities Act (ADA), the district court's denial of the plaintiffs' application for preliminary injunctive relief is affirmed, where doctor-recommended marijuana use permitted by state law, but prohibited by federal law, is an illegal use of drugs for purposes of the ADA, and therefore the plaintiffs' federally proscribed medical marijuana use brought them within the ADA’s illegal-drug exclusion.
Appellate Information
- Decided 05/21/2012
- Published 05/21/2012
Judges
- Fisher
Court
- United States Ninth Circuit
Counsel
- For Appellant:
- Matthew Pappas, James R. Touchstone