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Medical Marijuana Patients to Sue Centennial in landmark case challenging municipal dispensary ban

Posted on 2009-11-30 -- Posted in Government Accountability, Popular Culture

FOR IMMEDIATE RELEASE:

Bob Hoban, Hoban & Feola, LLC
Direct: 303-960-8849 or BobHoban@comcast.net

Robert J. Corry, Jr., Attorney at Law
Direct: 720-629-7112 or Robert.Corry@comcast.net

November 29, 2009

PATIENTS TO SUE CENTENNIAL TO GAIN ACCESS TO MEDICAL MARIJUANA
Landmark case challenges municipal authority to ban all Medical Marijuana Dispensaries

Centennial, Colo.—For the first time in state history, a coalition of medical marijuana patients, together with their caregivers, will sue a municipal government to reopen a medical marijuana wellness center. The Centennial-based CannaMart was shuttered last month after city officials banned Medical Marijuana dispensaries within city limits.

Four seriously-ill medical marijuana patients, together with their two caregivers, allege that the City of Centennial violated Colorado’s Constitution and relevant land use statutes when it forced CannaMart to shut down its operations on October 19.

The coalition’s attorneys, Bob Hoban and Jessica Corry of Hoban & Feola, LLC, and Robert J. Corry, Jr., rely on well established Colorado case law to argue that home rule municipalities, including Centennial, are prohibited from imposing land use restrictions on local businesses when such restrictions infringe upon rights upheld by the state Constitution as “matters of statewide concern.”

Medical marijuana has been legal in Colorado since 2000, when a majority of voters approved a constitutional amendment allowing individuals suffering from debilitating medical conditions to legally consume and purchase marijuana. The amendment also legalized the sale, distribution, storage, transportation, production, and cultivation of the medicine by caregivers.

WHAT: Medical marijuana caregivers and patients, together with their attorneys, will speak about their lawsuit to open Centennial to Medical Marijuana.
WHEN: Monday, November 30, 2009, 11:00 a.m.
WHERE: Arapahoe County District Court, 7325 S. Potomac St., Centennial, CO, in the courtyard by the flagpoles.

“While Centennial may not like the idea of medical marijuana caregivers providing services to patients within city limits, Colorado law is clear: the city lacks the legal authority to restrict the rights of caregivers and patients in such a way,” said Hoban.

“The City of Centennial cannot amend the Colorado Constitution and cannot override Colorado’s voters. Sick people have a constitutional right to Medical Marijuana, and we hope this lawsuit will ease human suffering and bring Centennial into compliance with the constitution.” added Robert J. Corry, Jr.

# # #

Corry at Huffington Post: Can Pot Save Denver’s Newspapers

Posted on 2009-11-23 -- Posted in Government Accountability, Popular Culture, In The News

Denver is a city in love with its newspapers. Even in 2009, many residents still cling to the scent and grime of fresh newspaper print. But as the recent loss of the city’s beloved Rocky Mountain News still lingers, the focus now turns to saving the publications remaining. In an ironic twist of fate worthy of its own front page feature, essential revenue could come from the most unlikely of sources. Marijuana.

Denver’s top alternative weekly, Westword, gets it. On both sides of its most recent edition’s back cover, 32 medical marijuana dispensaries advertised their services. In addition, in the publication’s “alternative healing” section, nearly nine additional pages were packed with similar plugs.

Patricia Calhoun, Westword’s editor and public face, has no qualms about accepting dispensaries as advertising clients. “It’s first come, first served. No moratorium here,” she said, referencing current efforts by many Colorado cities, including Denver, to enact moratoriums on new dispensaries. Westword has become so popular for marijuana-related advertising that Calhoun says she has plans to release an inaugural guide focusing exclusively on medical marijuana as early as next month.

But Westword hasn’t just stopped there. It has shrewdly utilized the broader issue of medical marijuana to make a notable splash nationally. As the New York Times recently detailed, “Westword, an alternative weekly newspaper in Denver, has the standard lineup of film, food and music critics. But in what may be a first for American journalism, the paper is shopping around for a medical marijuana critic.” According to Calhoun, more than 250 people submitted formal applications for the post.

While medical marijuana may be the source of laughter to some, including late night comedian Conan O’Brien, who joked, “My one suggestion for the editors: Give the guy a deadline,” Calhoun and her colleagues are smart, picking up on what can only be described as marijuana’s gold rush.

But what does this mean for more mainstream publications, who appear conflicted about whether to accept such controversial advertising?

While the Denver Post has run a series of front page stories over the last month chronicling the brewing debate over how or whether to increase regulations on dispensaries, it has been slower getting into the advertising game, running quarter page ads from a handful of dispensaries, with plans to expand advertising access through a special section devoted to dispensaries and other alternative health outlets.

Marijuana-related advertisements remain completely absent from Denver’s high-end lifestyle magazines, including 5280. Perhaps they haven’t heard of the high end dispensaries popping up in tony Cherry Creek North or affluent Greenwood Village.

These are crazy times indeed. But publications shouldn’t fear offending their more conventional subscribers. While marijuana prohibition was once a taboo issue generally relegated to conversations in dark garages outside the privy of bossy wives and nosy neighbors, this is no longer the case. In 2000, a strong majority of Colorado voters supported enshrining legalized access to medical marijuana into the state constitution. Just nine years later, national polls show that nearly 45 percent of adults support outright marijuana legalization.

If newspapers need extra incentive to get into the game, they should look to the example of savvy business leaders in other conventional industries.

Just ask Bernie Taillon, a Greenwood Village financial advisor who occupies a penthouse office with mountain views, and in his spare time, brews beer. Originally from the Midwest, he is happily married to his college sweetheart, with whom he just celebrated his 10th wedding anniversary. Prior to this year, his high-profile client list included news anchors, real estate developers, and wealthy attorneys. And then along came medical marijuana.

While 2009 has been catastrophic for many in his industry, Taillon is seeing his business boom. “Over the past two years, I have seen a dramatic decline in income for our small business owners, with exception of one industry — the Medical Marijuana industry,” he said. “Sales tax from this industry is being paid to the state of Colorado as well as the local municipalities, which is helping to keep money in the municipalities coffers at a time when it is much needed.”

For those who question his involvement with the industry, Taillon had this to say. “I am very happy to see this industry evolve into a legitimate and productive member of society. They should be commended for their contribution to our state. Many of our [dispensary] clients have two to five employees who otherwise would be collecting unemployment from the state. These businesses have been paying rent, advertising, construction costs, employees, utilities, and many other types of expenses.”

Joining Taillon as an unlikely spokesperson for the cause is Courtney Tanning. A New York University graduate, the striking young blonde shows up to work in nice suits after recently being hired as the executive director of the Colorado Wellness Association, a trade organization representing dispensaries (and for full disclosure, an organization with which my husband, Robert Corry, an attorney, is actively involved).

“Many conventional businesses are cutting expenses, laying off employees, and even shutting their doors for good, but the booming medical marijuana community is in a unique position where they can afford to actively promote their businesses and need to do so in order to stay above their blossoming competition,” she said. “This competition supports the struggling print-news business by bringing in a surge of new customers that had not previously been a position to provide them business.”

Opponents of medical marijuana rely heavily on two basic arguments. First, they say medical marijuana is just a deceitful way to push for legalization. Second, they hold fast to faulty arguments concerning marijuana’s physical impacts.

Even if we assume that the first argument is even partially true, so what? As our prisons burst at the seams, it’s simply irresponsible to waste billions of dollars to continue arresting 850,000 Americans annually for marijuana-related offenses. After seven decades of pot being illegal, one in three adult Americans will still admit to pollsters to having consumed marijuana. As we’ve now proven twice in this country, prohibition simply doesn’t work.

The second argument, meanwhile, goes nowhere. Time and again, peer-reviewed scientific studies have proven that marijuana is safer than alcohol or pharmaceutical narcotics. Over-consumption of marijuana has never been tied to a single fatal overdose, unlike prescription drugs, which have now overtaken car accidents as leading source of accidental deaths in Colorado. And unlike alcohol, marijuana has the additional benefit of not leading to increased rates of violence.

Colorado’s struggling newspapers and magazines should follow in the footsteps of Westword. While the funky alternative paper prides itself on being unconventional, its decision to embrace medical marijuana is, well, downright prudent.

In America, after all, capitalizing on a business opportunity that is business savvy, morally correct, and socially acceptable is downright patriotic. Let’s just hope pot can keep those printing presses running.

Jessica Peck Corry (www.JessicaCorry.com) is a Denver attorney and a public policy analyst with the Independence Institute.

Denver Post: Corry Questions Madden’s Conflict of interest

Posted on 2009-11-17 -- Posted in Government Accountability, In The News

Heat is on Colorado climate-change guru
Conservatives criticize Gov. Ritter adviser Alice Madden for also working for a liberal group
By Jessica Fender

The Denver Post

The coordinator of Colorado’s efforts to combat climate change drew criticism from conservatives Monday after conflict-of-interest disclosures showed she accepts monthly stipends from a liberal think tank.

Climate-change coordinator and former state Rep. Alice Madden has worked for the Washington, D.C.-based Center for American Progress since January 2008, before she accepted the state appointment. The disclosures show she makes $3,000 a month serving as an expert on climate change, energy and health care for the nonprofit.

Conservative political analyst Jessica Corry questioned the propriety of a liberal group paying one of Gov. Bill Ritter’s top advisers.

“This is one of the most contentious policy agendas in Colorado right now,” Corry said. “If she wants to work for an activist agenda, that’s great. But we need to ask serious questions about how that agenda negatively impacts (state policy).”

Said Evan Dreyer, spokesman for Democratic Gov. Bill Ritter: “Alice works 80 percent for the state and 20 percent for CAP. The work she does for CAP is done mostly in the evenings and entirely on her own time and none of it using state resources or time.”

Madden’s $80,000 salary is paid by three private nonprofits — the Denver Foundation, the Hewlett Foundation and the Energy Foundation.

As climate-change coordinator, she works part time with state agencies to ensure Colorado is meeting its climate goals. She also educates the public about the government’s work on greenhouse-gas reduction and other topics.

She characterizes her role with the Center for American Progress as a largely informational one where she provides updates and analysis about climate-change efforts in the West, she said.

“I was very clear when I took the job with (CAP) that I would be working with Gov. Ritter on his agenda. And that’s well understood,” Madden said. “I came to this job as a progressive. That hasn’t changed. My policy bents are well known and well documented.”

Her disclosure was one of the more detailed submitted to Ritter’s office late last month, after the governor required top staffers and department heads to fill out the forms.

An executive order requiring conflict disclosures had been on the books since 1999, though Ritter’s administration for three years ignored it, with one exception.

A handful of the 33 disclosures obtained by The Post through an open records request were left blank, but some went to the other extreme.

Health Care Policy and Financing Executive Director Joan Henneberry, for example, listed the number of shares she held in several companies. And Agriculture Commissioner John Stulp provided pages of extra background information regarding his personal investments and land holdings.

Officials are only required to list any outside employment.

To view the disclosure reports, visit denverpost.com.

Jessica Fender: 303-954-1244 or jfender@denverpost.com

Corry on Huffington Post: Mrs. Obama, What About Our Boys?

Posted on -- Posted in Government Accountability, Popular Culture, In The News

This column originally appeared on November 16, 2009 on HuffingtonPost.com.

http://www.huffingtonpost.com/jessica-corry/mrs-obama-what-about-our_b_359452.html

Mrs. Obama, What About Our Boys?

By Jessica Peck Corry

As Michelle Obama touched down in Denver today to promote her efforts to connect America’s public school students with professional mentors, she declined to send an invitation to one population who could most benefit: our city’s neglected boys.

The First Lady’s packed schedule started with a closed “girls mentoring luncheon” at the Governor’s Mansion on Logan Street. Next, she’ll gather with other state and national figures in meeting with female students from area schools. The high profile list of mentors included actresses Susan Sarandon and Fran Drescher. Also taking part are beltway heavy hitters, including Labor secretary Hilda Solis, Health and Human Services secretary Kathleen Sebelius, and Environmental Protection Agency administrator Lisa Jackson.

The visit comes just days after Obama hosted a “Women of Excellence” outreach event at the White House, where 20 girls were paired with 20 mentors, and participants were treated to appearances by singers Sheryl Crow and Alicia Keys. Obama says she hopes to provide successful female role models to a greater number of students. As the Denver Post reported Friday, “During the launch of the program at the White House 10 days ago, Michelle Obama told the students she felt it important they have mentors who could help them and listen to their concerns.”

But what’s gender got to do with it?

Especially as Obama lists among her most influential role models her father, a pump operator for the Chicago Water Department, and her brother, Craig. Certainly she’s not possibly suggesting that girls need special help in the form of female mentors. That would be both ignorant and sexist.

In Denver today, less than half of all male public school students will ever graduate from high school. Girls, meanwhile, still face discouraging odds, but at least they have almost a 60 percent chance of earning a diploma.

Denver isn’t alone in seeing such discouraging outcomes, and the disparities only become more pronounced as students make their way onto our college campuses. According to the National Center For Education Statistics, nearly 57 percent of all college undergraduates are female. For certain racial groups the numbers are even more staggering: just 37 percent of all black college students are male. While feminists like to champion figures concluding that women are drastically underrepresented in some sciences and engineering fields, they neglect statistics demonstrating that women are about half of all medical and law school students today.

The fact is clear: being born a girl today is no longer an impediment to success. To succeed, girls need to hit the books, not rock concerts.

Over the years, I’ve written frequently about sexism against our boys. Perhaps it seems ironic given that I’m the mother of two girls. I do so, however, knowing that today’s girl-power hype sends the wrong message to my own girls. Like professional working moms across the country, I provide my daughters an imperfect but devoted mentor right inside their own home. And gender has nothing to do with it, as they’ll also see their father balance life’s responsibilities and his own professional ambitions.

To Mrs. Obama, I have this to say. Bring in the rock stars. Bring in the high performing academics. But bring them in for everyone, and after the 3 p.m. bell rings. Don’t pat my girls on the head and tell them they need a female mentor to succeed, especially when such help comes at the expense of their male peers.

In an already overly complicated world, I don’t need to explain why the First Lady believes that picking winners or losers based on gender is okay. It’s not — never has been and never will be.

Jessica Peck Corry (www.JessicaCorry.com) is a Denver attorney and director of the Independence Institute’s Campus Accountability Project.

Denver Post: Corry attributes ballot results to voter fatigue

Posted on 2009-11-06 -- Posted in Government Accountability, In The News

Big ballot plans may be a “no” go in Colorado
By Jessica Fender
The Denver Post

11/05/2009

Mapleton Expeditionary School of the Arts students Tanya Chavez, left, age 12, and Irma Evangelista, 14, work in their humanities class Wednesday. A metal garage door makes up part of the wall behind them. MESA assistant director David Fulton says the campus is full of inadequate classrooms and offices. (John Prieto, The Denver Post)
Related
Nov 6:
Results of Greeley’s mayoral race, Mapleton’s bond issue and mill levy still unknownNov 5:
Close votes delay some Colorado election resultsPundits assess impact of elections on Colorado in 2010Property owners approve $4 million contribution for improvements to Denver’s 14th StreetDougco elects GOP-backed school board slateNov 4:
Denver school-board election seen as neighborhood schools vs. chartersDouglas County school board races bring record turnoutMcLean out in front in Brighton mayoral race; Downing elected in NorthglennNoon winning Centennial mayor’s race; Hall leading in SheridanJeffco voters lean toward keeping term limits intactBid to hike Colorado Springs’ property-tax rate failing badlyTurnout below 50% in Colorado counties not unusual for odd-year electionVoters rejecting Aurora library-tax proposal The Mapleton Expeditionary School of the Arts will continue to operate in aging, asbestos-filled buildings. Aurora will close four of its seven libraries.

And a Boulder County open-space program was denied money for the first time in two decades.

Economy-minded voters on Tuesday did more than reject tax hikes and debt questions for some of their community’s most dire and most popular causes; they also sent a warning to those planning increases for struggling projects and local agencies in the near future, analysts say.

Although the majority of debt and tax questions passed at the town and city level, analysts such as Denver pollster Floyd Ciruli say blockbuster losses could squelch some big plans already in the

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works.

“The drama of the losses (Tuesday) in terms of taxes is going to put a tremendous chill on the forces who want to put something on the ballot. Even 2011 is in question,” Ciruli said.

FasTracks stakeholders are considering a sales-tax hike in 2010 to complete the regional rail project.

Business and education leaders have taken aim at tax and budget restrictions in 2011.

And countless other local governments have toyed with the idea of asking voters for more money to offset budget shortfalls.

Officials such as Broomfield Mayor Pat Quinn, whose city is still waiting for its FasTracks line, say they’re taking Tuesday’s “no” seriously.

“Obviously, everybody needs to take a close look at the mood of the voters before 2010,” said Quinn, who favors putting a sales-tax increase on the ballot as soon as feasible. “(Tuesday’s vote) gives all of us pause. You only get one chance.”

The picture grows less gloomy when some of the smaller towns and cities are added to the mix, said Sam Mamet, executive director of the Colorado Municipal League.

Six of eight bond measures at the city level passed, as did five of nine sales-tax proposals and one of five property-tax increases, Mamet said.

“More willing to say ‘yes’ ”

“Municipal voters, even in this economy, were still very much more willing to say ‘yes’ than to say ‘no’ to these types of questions,” he said.

His data does not include results of school district or county elections, and he acknowledged that losses in Colorado Springs and Aurora — Colorado’s second- and third-largest cities, respectively — were significant.

In Colorado Springs, a failed property-tax increase could lead to the layoff of firefighters and police officers, city officials have warned.

Experts blame the high-profile losses on more than the struggling economy.

Denver analyst Eric Sondermann said that what many voters see as excessive spending at the federal level also played a role.

“Policymakers understand the difference between national politics and a local library election,” he said. “Voters don’t make those same distinctions.”

And while it’s early to predict outcomes in 2010, Sondermann counts Tuesday’s election as “a bad omen” and warned that voting patterns are likely to remain fiscally conservative even after the economy recovers.

May be case of voter fatigue

Conservative analyst Jessica Corry attributes the failed initiatives to voter fatigue after successive years of tax increases and bond questions.

In the Mapleton Public School District, Tuesday’s loss of an initiative to raise $22 million locally may have cost its schools $31 million in matching funds to repair their infrastructure.

Mapleton Expeditionary School of the Arts assistant director David Fulton said his campus is full of 50-year-old structures — one of which has been condemned by the state — and inadequate classrooms and offices.

And even though all of his graduates have been accepted to four-year colleges in the past two years and test scores improved more than any other urban district this year, voters rejected the bond initiative by a narrow margin.

Fulton said he and his colleagues will try to raise the money from private sources so that the district can keep the state match.

“We’re going to be as creative as we absolutely can be to raise $22 million in seven weeks,” Fulton said. “A (2010) bond election would be tough. But that’s something for the board to decide.”

Jessica Fender: 303-954-1244 or jfender@denverpost.com

Jessica Corry appears on FOX News Sunday to lay out the conservative argument for marijuana legalization

Posted on 2009-11-04 -- Posted in In The News

jessicaonfox.jpg