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From The Desk of Garrison Williams (President Holistic Health) 3/13/10

Recently the State Supreme court ruled they would here our arguments concerning the City of Dana Point trying to get all our patient files and business records. This was a win for Holistic Health becuase the court also order that the existing decision by a local court to be stayed. What this means is until this is heard and is finalized we don't have to give the city anything. Becuase this will take more time before a final decision is made. The city and the cities attorney not liking the delay or the decision, in retaliztion to this order, they served us the very next day with another lawsuit. This lawsuit is filed in another court trying to get them to order us to vacate the premesis and are trying to sue us for being a "public nuisance". This is rediculous . We have never had a single incident at our facility where any type of disturbance has occured. But we are a "nuisance". Our Attorney (Alison Adams) informed me the very suit they filed is illegal. A person or entity can not sue you if you already have an existing case against that person pending for decision. This is call a "SLAP" suit. SLAP suit's are illegal. We are filing a motion to have this new suite thrown out under this premesis. If we are granted this is a slap suit, then it will be dismissed. If this happens (we feel strongly that it will) the city will be held liable for all our attorney fees, harrasement, possibly discrimination, and many other things that our legal team will file under applicable state laws... This could end up being a major victory for our fight. However, we still need your help. Please notify the mayor and city council members and demand to keep your safe access to your medication. Let them know you don't appreciate this attack on our civil liberties and freedoms as a citizen of the state of california. You have to let them know how upset you are for their attack on Holistic Health. Their attack on us is an attack on you. Remember we are assisting patients in need. Holistic Health always scrupulously follows the requirements of the state laws.

Holistic Health  and the other 4 dispensaries involved in the litigation with the City of Dana Point resisted the subpoena because it requested information that is protected under the United States and California Constitutions. Specifically, after proclaiming as justification for the subpoena that the dispensaries are acting in violation of state and federal law, the city requested records that would show commission of these same acts. This would force the dispensaries to provide proof, if such proof existed, of their sale, transportation, furnishing, distribution, possession of marijuana, detailed patient information, detailed physician information, and information about the sources of their medical marijuana. This was to be provided to an unelected private law firm that is simply hired by the City to do its legal work. The court issued a totally ineffective protective order that restricts the access to the names of patients but not their other information. In court the City's attorneys stated that they intended to use the patient contact information to interview patients about whether they were receiving their proper shares of the profits and other matters. Thus, complying with the subpoena would have not only violated the laws relating to patient privacy, it  would also have exposed sick people to government harrassment. Holistic Health remains committed to providing safe, legal, confidential access to legal medical marijuana to its members. It is a non-profit collective which scrupulously follows the requirements of the state laws. Please feel free to contact the city of Dana Point, it's elected officials (Mayor & City Council Members), and let them know you are not happy about what they are doing and demand safe access to your medication.

From The Desk of Garrison Williams (President Holistic Health) 11/28/09

We immediately contacted numerous attorneys and the ACLU concerning this. After deciding on an attorney who is a certified appellate specialist specializing in medical marijuana law in California. Our attorney recommended and then responded to the Dana Point City Attorney declining to turn any of the information over to them becuase the subpoena was not just and unlawful. We then were served with a demand from the City Attorney where they filed a subpoena demand in court. We argued on the legalities of the subpoena and to all of our amazement the judge ignored the law and upheld the city's request for the information. We were ordered to turn this over by mid December.

I want to make it clear that we have not complied and are not going to comply and accordingly we have filed an appeal.

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