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Friday, October 29, 2010

NEWS: Another lawsuit filed over fire sprinklers at medical marijuana collective

The owner of a Lake Elsinore medical marijuana collective has sued the city and City Council, accusing both of failing to comply with building and safety codes because automatic fire sprinklers are not installed in City Hall or the Cultural Center.

The suit filed on behalf of Carlos Stahl, owner of R Side Medical, seeks a court order requiring the city to put fire suppression systems in both Main Street buildings, which have been declared historic.

It is the second time this year that Stahl has sued the city and the second time the city has been sued because of the lack of fire sprinklers in both buildings.

City Manager Bob Brady declined Thursday to comment on the lawsuit.

Stahl sued the city in May in a dispute over the operation of his collective. City code enforcement officers revoked his business license this year when it was determined he was dispensing medical marijuana despite a city ban on the sales.

City officials said previously the business license issued to Stahl only allowed the sale of clothing, apparel and holistic medicines and included a notation barring the sale of medical marijuana. A copy of the license Stahl possessed did not include the notation.

The collective has been shut down by the city three times but continues to operate, Stahl said.

"The city has been very, very harsh on us," Stahl said Thursday.

Stahl's May lawsuit seeks to declare as unlawful city ordinances banning medical marijuana sales and to bar the city from enforcing the ordinances. A hearing is scheduled in December.

The new suit seeking the installation of fire sprinklers, Stahl said, is not being used as "a bargaining chip with the city."

"If I'm going to have to clean my house, you'd better clean yours," Stahl said.

In the suit filed Monday in Riverside County Superior Court, Stahl said the city has not followed the same rules it calls on others to follow, though state and local building codes require public agencies to comply with such measures just as the public.

In order to occupy both buildings, the suit states, City Hall and the Cultural Center are required to have automatic fire sprinkler systems that have been tested and approved.

"The city has not ... retrofitted the buildings according to code," Stahl said.

Stahl's lawsuit seeking fire sprinklers mirrors one filed by the owner of Trevi Entertainment Center, Michel Knight, whom Stahl has referred to as a "mutual acquaintance" in a letter to Brady.

Knight filed the suit a week after the planning commission revoked his conditional use permit that allowed live music, dancing and entertainment in his Mission Trail business. Knight agreed in June to drop the lawsuit in a deal that allowed him to offer live entertainment at Trevi.

Councilman Thomas Buckley said, "Stahl seems to be using the exact same red herring that Michel Knight used. I think the community should find that disturbing. The apparent connection between Michel Knight and Mr. Stahl is extremely disturbing."

Source: The Press-Enterprise