Law-less Friday: Irony and Hipocrisy are no bar to standing

/

We all need a bit of levity on Friday, so take a moment and enjoy one paragraph from City of Palm Springs v. Luna Crest (March 17, 2016), a recent opinion from the Fourth Appellate District, Division Two, that captures the humor sometimes hidden in the law.

Luna Crest, Inc. opened a medical marijuana dispensary in the City of Palm Springs without obtaining a permit to test whether the Palm Springs ordinance requiring such a business to have a permit was invalid.  Luna Crest sought an injunction against further enforcement, claiming that federal drug laws preempt the City’s ordinance.  The Court observed:

To be sure, as the City points out, there is a certain irony, if not hypocrisy, in Luna’s invocation of federal drug laws as a basis for invalidating the City’s permitting requirements, given Luna’s intention to operate a medical marijuana dispensary in violation of those very federal drug laws.  The City cites no authority, however, for the proposition that irony or hypocrisy alone may vitiate standing, and we are aware of none.  We turn, therefore, to the merits of Luna’s claims.

Slip op., at 5.  Never let someone challenge your standing just because of the irony or hypocrisy of your position.  Never.

Have a great weekend, and, as they say, smoke 'em if you got 'em.

 

Battle Bot Injury Lawyers?

/
public.jpeg

So I’m driving in Las Vegas today, and I see this billboard off the freeway. The sign was slightly obscured by a closer pole, and, at first glance, I thought it said “Battle Bot Injury Lawyers.” That would be so spectacular. “Destructor smashes the treads on my bot Deep-Fried-Shreddar Cheese, and I want to sue!” I’d specialize in that.

Turns out that it was Battle BORN Injury Attorneys. Dang it!