City to defend itself in pot-related lawsuit

Costa Mesa plans to defend its attorney, clerk and itself against a lawsuit claiming that the city’s ordinance against marijuana dispensaries is unconstitutional, City Atty. Kimberly Hall Barlow said Tuesday.

The pot clinics Orange County Directors Assn., Herban Elements Inc., MedMar Patient Care and Collective, and residents Susan Lester and Afshin Sharifi filed a lawsuit in Orange County Superior Court contending that it is against general laws to block seriously ill individuals’ access to marijuana, which they call medicine.

The marijuana dispensaries are some of several the city has raided or served cease-and-desist orders to since February.

Barlow and City Clerk Julie Folcik were named as defendants in the lawsuit.

U.S. District Court Judge Andrew Guilford on Friday threw out a similar lawsuit.

Four Orange County residents claimed that Costa Mesa and Lake Forest are violating the Americans with Disabilities Act by preventing dispensaries from operating.