Lafayette has defended its right to put a stop to the consumption of marijuana at The Front Tea & Art Shop in Old Town, claiming its recreational pot moratorium does not conflict with state law.
According to a response the city filed in Boulder District Court this week, attorneys for Lafayette wrote that Amendment 64 -- which permits adults 21 and older to possess and use small amounts of marijuana in Colorado -- does not altogether prohibit the city from regulating the use of the drug.
"Plaintiffs want to operate illegally and to have this court prohibit the City from enforcing a properly adopted moratorium which was adopted with the best interests of the citizens of the City in mind," the city stated in its response. "The public interest in no way favors or is benefited by the government being barred from enforcing its laws."
Lafayette's recreational marijuana moratorium, passed by the City Council on Feb. 5, bans until October any recreational marijuana-related business in the city, including those that provide for or allow "the use of marijuana" on site.
The Front, which allowed people to consume their own cannabis inside the Old Town shop, sued the city last month -- claiming it overstepped its authority and attempted to pre-empt state law when it went as far as placing restrictions on the use of pot on private property. The shop's owner, Veronica Carpio, characterized The Front as a "cannabis-friendly" operation, but she said it never sold pot and thus didn't qualify as a marijuana-related business as envisioned by Amendment 64.
The shop has since shut down.
Lafayette countered in this week's filing that it has local land use powers that permit it to regulate businesses in town and that Amendment 64 expressly grants it those powers. It asked the court to deny Carpio's request for a preliminary injunction.
"Plaintiffs have incorrectly alleged that the City's valid use of its police powers constitutes unconstitutional conduct," the response reads. "... Land use is generally a matter of local concern. As a result, Amendment 64 is actually a mixed matter of state and local concern, and since the City's moratorium does not conflict, there is no preemption."
The city said it's merely trying to preserve the "status quo" while the state works on implementing regulations for the nascent recreational marijuana industry.
Lafayette's attorneys went on to argue that Carpio's claim that the moratorium amounts to a takings of her business is not supported by the facts.
"The Front Tea & Art Shop has never been shut down by the City or by the moratorium," the filing reads. "The business sells tea and art, allegedly not marijuana or marijuana products, and currently can sell art and tea regardless of the moratorium."
But Carpio said Wednesday that the city's prohibition on marijuana consumption in her business -- which she complied with -- effectively stigmatized the shop and put her out of business.
"I can still sell coffee and art, but who is going to come in there if they're scared to be seen in there?" she said. "I wasn't selling marijuana, but allowing its use was a good marketing measure to bring more traffic in."
Traffic had slowed to where it was no longer feasible to keep The Front Tea & Art Shop open, Carpio said. She closed the business at the beginning of March.
Her attorney, Thomas West, said the city is not impotent in the face of Amendment 64 but can't use its home-rule powers to overstep state law.
"No one is arguing it can't pass this moratorium, but it's been clearly shown that they've been given certain authority on this issue," he said. "They do have police authority, but it does have limits."
A message left with an attorney with Nathan, Bremer, Dumm & Myers, the Denver firm representing Lafayette, was not returned Wednesday.
Contact Camera Staff Writer John Aguilar at 303-473-1389 or aguilarj@dailycamera.com. ___
(c)2013 the Daily Camera (Boulder, Colo.)
Visit the Daily Camera (Boulder, Colo.) at www.dailycamera.com
Distributed by MCT Information Services
Our 2024 Coverage Needs You
It's Another Trump-Biden Showdown — And We Need Your Help
The Future Of Democracy Is At Stake
Our 2024 Coverage Needs You
Your Loyalty Means The World To Us
As Americans head to the polls in 2024, the very future of our country is at stake. At HuffPost, we believe that a free press is critical to creating well-informed voters. That's why our journalism is free for everyone, even though other newsrooms retreat behind expensive paywalls.
Our journalists will continue to cover the twists and turns during this historic presidential election. With your help, we'll bring you hard-hitting investigations, well-researched analysis and timely takes you can't find elsewhere. Reporting in this current political climate is a responsibility we do not take lightly, and we thank you for your support.
Contribute as little as $2 to keep our news free for all.
Can't afford to donate? Support HuffPost by creating a free account and log in while you read.
The 2024 election is heating up, and women's rights, health care, voting rights, and the very future of democracy are all at stake. Donald Trump will face Joe Biden in the most consequential vote of our time. And HuffPost will be there, covering every twist and turn. America's future hangs in the balance. Would you consider contributing to support our journalism and keep it free for all during this critical season?
HuffPost believes news should be accessible to everyone, regardless of their ability to pay for it. We rely on readers like you to help fund our work. Any contribution you can make — even as little as $2 — goes directly toward supporting the impactful journalism that we will continue to produce this year. Thank you for being part of our story.
Can't afford to donate? Support HuffPost by creating a free account and log in while you read.
It's official: Donald Trump will face Joe Biden this fall in the presidential election. As we face the most consequential presidential election of our time, HuffPost is committed to bringing you up-to-date, accurate news about the 2024 race. While other outlets have retreated behind paywalls, you can trust our news will stay free.
But we can't do it without your help. Reader funding is one of the key ways we support our newsroom. Would you consider making a donation to help fund our news during this critical time? Your contributions are vital to supporting a free press.
Contribute as little as $2 to keep our journalism free and accessible to all.
Can't afford to donate? Support HuffPost by creating a free account and log in while you read.
As Americans head to the polls in 2024, the very future of our country is at stake. At HuffPost, we believe that a free press is critical to creating well-informed voters. That's why our journalism is free for everyone, even though other newsrooms retreat behind expensive paywalls.
Our journalists will continue to cover the twists and turns during this historic presidential election. With your help, we'll bring you hard-hitting investigations, well-researched analysis and timely takes you can't find elsewhere. Reporting in this current political climate is a responsibility we do not take lightly, and we thank you for your support.
Contribute as little as $2 to keep our news free for all.
Can't afford to donate? Support HuffPost by creating a free account and log in while you read.
Dear HuffPost Reader
Thank you for your past contribution to HuffPost. We are sincerely grateful for readers like you who help us ensure that we can keep our journalism free for everyone.
The stakes are high this year, and our 2024 coverage could use continued support. Would you consider becoming a regular HuffPost contributor?
Dear HuffPost Reader
Thank you for your past contribution to HuffPost. We are sincerely grateful for readers like you who help us ensure that we can keep our journalism free for everyone.
The stakes are high this year, and our 2024 coverage could use continued support. If circumstances have changed since you last contributed, we hope you'll consider contributing to HuffPost once more.
Support HuffPostAlready contributed? Log in to hide these messages.