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Entries in Lawsuit (68)

Friday
Dec182015

MPP - Terminally Ill N.H. Med. Marijuana Patient to Visit Maine Dispensary Fri.

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Terminally Ill Woman Who Successfully Sued to Receive New Hampshire’s First (and Only) Medical Marijuana ID Card Will Finally Access Medical Marijuana at Maine Dispensary on Friday

 

* Media availability TOMORROW at 1 p.m. ET outside Wellness Connection of Maine in Portland *

 

Last month, a judge ordered the New Hampshire Health Department to issue an ID card to Linda Horan so that she can legally purchase medical marijuana in Maine and not face arrest and prosecution in New Hampshire

 

PORTLAND — A terminally ill woman who successfully sued the New Hampshire Department of Health and Human Services to obtain the state’s first medical marijuana patient ID card will visit a medical marijuana dispensary in Portland, Maine on Friday.

 

Linda Horan of Alstead, who suffers from Stage 4 lung cancer, will hold a media availability outside of Wellness Connection of Maine at 1 p.m. ET, where she will be accompanied by New Hamsphire State Rep. Renny Cushing and several of her supporters. Members of the media are asked to respect the privacy of other patients who might be visiting the dispensary.

 

“I feel better already, knowing that I will not have to spend my final days in a narcotic stupor,” Horan said. “I look forward to visiting the dispensary, learning about which products would be best for treating my symptoms. I will finally receive the medicine I need, and I won’t need to fear being treated like a criminal for it.”

 

Horan filed a lawsuit against DHHS Commissioner Nicholas Toumpas on November 5, asking the agency to immediately issue her a medical marijuana ID card so that she could begin obtaining medical marijuana legally in Maine and using it without fear of arrest in New Hampshire. On November 24, a Merrimack County Superior Court Judge ordered the DHHS to issue her a card.

 

DHHS is responsible for administrating the state’s medical marijuana program, which has experienced several delays since Gov. Maggie Hassan signed it into law in July 2013. The agency began accepting applications from patients interested in participating in the program, but patients remain at risk of arrest and prosecution until they receive program ID cards. DHHS had refused to issue ID cards until dispensaries open, which is not expected until 2016, and it has not issued cards to any patients other than Horan.

 

Horan filed a pre-registration application to participate in New Hampshire’s medical marijuana program after receiving approval from all five of her physicians.

 

“I am frustrated and angry that two and a half years after New Hampshire’s medical marijuana law took effect, Linda was forced to sue the state to get access to her medicine,” Rep. Cushing said. “She is brave and tenacious, and she’s paving the way for other patients in New Hampshire. Nobody should have to fight as hard as she did to get the medical treatment they deserve.”

 

What: Media availability with terminal cancer patient who successfully sued to receive New Hampshire’s first medical marijuana ID card

 

When: Friday, December 18, 1 p.m. ET

 

Where: Wellness Connection of Maine, 685 Congress St., Portland, Maine

 

Who: Linda Horan, Alstead woman with Stage 4 lung cancer

Rep. Renny Cushing, New Hampshire

Wednesday
Nov252015

MPP - N.H. Judge Orders Health Dept. to Issue Medical Marijuana Card to Terminal Patient 

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With an ID card, Linda Horan will be able to obtain medical marijuana legally in Maine and use it without fear of arrest in New Hampshire; Horan sued DHHS after it refused to issue ID cards until dispensaries open next year

 

* Statements below from Horan’s attorney *

 

CONCORD — On Tuesday, a Merrimack County Superior Court Judge ordered the New Hampshire Department of Health and Human Services (DHHS) to issue a medical marijuana ID card to a woman with terminal cancer in order to expedite her access to medical marijuana.

 

Linda Horan of Alstead filed a lawsuit against DHHS Commissioner Nicholas Toumpas earlier this month, asking the agency to immediately issue her a medical marijuana ID card so that she can begin obtaining medical marijuana legally in Maine and using it without fear of arrest in New Hampshire. The lawsuit is available at http://mpp.org/HoranLawsuit.

 

DHHS is responsible for administrating the state’s medical marijuana program, which has experienced several delays since Gov. Maggie Hassan signed it into law in July 2013. The agency began accepting applications from patients interested in participating in the program, but patients remain at risk of arrest and prosecution until they receive program ID cards. DHHS is refusing to issue ID cards until dispensaries open, which is not expected until 2016.

 

Horan, who suffers from stage IV lung cancer, filed an application with DHHS after receiving approval from all five of her physicians.

 

Statement from Horan’s attorney, Paul Twomey:

 

“We are extremely grateful to Judge McNamara for directing the state to follow the law and not deprive critically ill patients of medicine. The Department of Health and Human Services has been extremely helpful and compassionate throughout this process, and we fully expect them to process Linda’s application expeditiously so that she might travel to Maine to obtain her medicine. We hope that the rest of state government will benefit from this case and start to work to heal and not hinder patients.

 

“The current law does not provide anything like adequate access to medical care, especially in the North Country where extremely ill patients must travel for hours and hours to reach the nearest treatment center. There are simple solutions to accessproblems if the government can manage to deal with this as a health problem. We must let our doctors make decisions about health care.

 

“I would like to express my gratitude to the Marijuana Policy Project for its invaluable assistance that made it possible for Linda Horan to receive the medical treatment she needs and deserves. Quite simply, we would not have been able to bring this lawsuit without their help.

 

“Linda is a hero. Facing death, she has chosen to fight for the rights of all the critically ill patients in New Hampshire, who should not have to fear arrest because they are sick. She may be dying, but we all owe her our thanks for showing us how to live.”

 

# # #

 

The Marijuana Policy Project is the nation’s largest marijuana policy organization. For more information, visit http://www.MarijuanaPolicy.org.

 

Monday
Nov092015

MPP - Dying N.H. Woman Files Med. Marijuana Lawsuit Against DHHS 

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Terminal Cancer Patient Seeking Expedited Access to Medical Marijuana Files Lawsuit Against New Hampshire Commissioner of Health and Human Services

 

Suit filed Thursday by Linda Horan of Alstead asks DHHS to take swift action so that she can immediately begin accessing medical marijuana to mitigate ‘intolerably painful side effects’ of stage IV lung cancer — ‘She does not wish to spend her last months in a narcotic haze from prescribed opiates’

 

* Statements below from Horan and State Rep. Renny Cushing *

 

CONCORD — A terminal cancer patient seeking expedited access to medical marijuana filed a lawsuit Thursday in Merrimack County Superior Court against New Hampshire Commissioner of Health and Human Services Nicholas Toumpas. The lawsuit is available at http://mpp.org/HoranLawsuit.

The hearing for an “expedited temporary order” will take place on Thursday at 10 a.m. at the Merrimack County Courthouse.

The Department of Health and Human Services is responsible for administrating the state’s medical marijuana program, which has experienced several delays since Gov. Maggie Hassan signed it into law in July 2013. On Monday, DHHS began accepting applications from patients interested in participating in the program, but they remain at risk of arrest and prosecution until they receive program ID cards. DHHS is refusing to issue ID cards until dispensaries open, which is not expected until 2016.

 

“The state simply needs to issue me an ID card so that I can access the medicine that I need,” said the plaintiff, Linda Horan of Alstead. “It’s hard to imagine why it would take more than two years for that. There are seriously ill people throughout New Hampshire who are suffering every day they go without it.”

 

Horan suffers from stage IV lung cancer and filed an application with DHHS after receiving approval from all five of her physicians. Her lawsuit asks that DHHS expedite the process of issuing her an ID card so that she can immediately begin obtaining medical marijuana legally in Maine and using it without fear of arrest and prosecution in New Hampshire.

 

“Her prognosis is death within months, accompanied by intolerably painful side effects,” according to the lawsuit. “She does not wish to spend her last months in a narcotic haze from prescribed opiates, but rather wishes to mitigate her debilitating symptoms to the extent possible through use of therapeutic cannabis for as long as possible.”

 

“Our hope in filing this lawsuit is that it will cause the state to do what is morally, ethically, medically, and legally proper,” said Paul Twomey, attorney for Ms. Horan. “We hope that the state will do what the law passed by the legislature mandates, and stop denying critically ill and dying people medicine that has been deemed appropriate by their treating physicians.”

 

Horan pled her case directly to Gov. Hassan on September 7 after receiving a lifetime achievement award during the New Hampshire AFL-CIO Labor Day Breakfast. A video of her statement is available at https://youtu.be/KNj_SwYtWe8?t=3m20s.

 

“As a lawmaker who voted to treat patients with dignity and respect and allow therapeutic cannabis use, I am dismayed and outraged by the decision by the Department of Health and Human Services to withhold the issuance of patient registry cards that allow qualified New Hampshire patients to obtain and use medical marijuana,” said Rep. Renny Cushing (D-Hampton).

 

“I hope the Superior Court will end what I see as cruel treatment of suffering people, uphold the law passed by the legislature 28 months ago and issue an order to the Commissioner of Health and Human Services to issue cards to Linda Horan and every other qualifying patient. 

 

 “The legislature does not want Linda Horan or any other patient to die without access to medicinal marijuana."

 

 

# # #

 

The Marijuana Policy Project is the nation’s largest marijuana policy organization. For more information, visit http://www.MarijuanaPolicy.org.

Saturday
Sep262015

Our American Initiative - LAWSUIT CHALLENGING PRES. DEBATES TO BE FILED TUESDAY IN DC

 

 

 

 

 

 

What: On Tuesday, September 29, a lawsuit will be filed in the United States District Court for the District of Columbia charging that the exclusion of qualified candidates from the general election presidential debates by the Commission on Presidential Debates (CPD) violates federal anti-trust laws.

 

When: 10:30 a.m., Tuesday, September 29, 2015

 

Where: United States District Court for the District of Columbia, 400 Constitution Avenue NW, DC.

 

Who:  Bruce Fein, attorney representing the plaintiffs, will file the complaint, and will be available for interviews with the media outside the Courthouse.

 

Plaintiffs are: 2012 Libertarian presidential nominee Gary Johnson; Jim Gray, 2012 Libertarian vice-presidential nominee; Jill Stein, 2012 Green Party presidential nominee; Cheri Honkala, 2012 Green Party vice-presidential nominee; the Libertarian National Committee, and the Green Party of the United States.

 

About: The lawsuit challenging the exclusion of candidates from CPD-sponsored debates is backed by the Our America Initiative, a not-for-profit advocacy organization, through the Fair Debates project, https://www.fairdebates.com. Former New Mexico Governor and 2012 presidential candidate Gary Johnson is the Honorary Chairman of the Our America Initiative.

Monday
Aug312015

VRC - Court case Sept 28 public welcome 

September 24, 2015

Strafford, DD                                                                                                            Superior Court

                                                State of New Hampshire

 

                                                Town of Lee (TOL)

                                                            V.

                                                Veteran Resort-Chapel (VRC)

                        101 Stepping Stone Rd Lee NH 03861 P# 603-781-3839

Case No: 219-2014-CV-00220

 

                                                Motion for Summary Judgment

 

            Now Comes the VRC represented by Peter Macdonald Minister, Sgt USMC and 100% disabled as so been Known by this court and TOL.  The Constitution, Court Rulings and the RLUIPA law of 2000 place the rights and religious believes of the individual above the right for a town government to not only use zoning to stop unwanted religious beliefs in the TOL but to knowingly inflict harm on individuals (in this case Combat U.S. Military Veterans) to stop these U.S. citizens from living in Lee NH on church grounds.  The purpose of any court is to protect the individuals against government dominance as in this case it would appear a special class of Lee residents are using zoning and the power of government to keep homeless U.S. Military Veterans from their neighborhoods.  Discrimination in this case is so rampart as the TOL uses discrimination against the VRC to single us out as a means to inflict hardship and win by attrition.  As follows;

 

1.  That the TOL zoning ordinance discriminates against churches as Article V Residential zone A. Permitted uses line 5 singles out churches to be approved by the Planning Board site review.  St. Benedict Center V. town of Richmond et, al, (NH Superior Ct 10/23/0 “Houses of worship are not directly allowed in any of the Town’s zoning districts without a special exception. Which restricts right to religious speech, assembly, and practice”.  “The court found this persuasive because it gave the board excessive power”

 

2.  That the VRC is a church or religious assembly since 1980 and is protected by our Constitution Part First, our U.S. Constitution and many rulings of the U.S. SC and NH SC.  

          a.  The TOL has a copy of my Minister document recorded in Strafford County                       Deed of records 1980 when my ministry began and has continued many                           days of the week since 1980 with services held at the living places of                                         homeless veterans around the state of NH

         b.  The VRC is registered with the U.S. Federal Government as a 501-c-3 with                           the mission from God to help homeless U.S. Military Veterans.   The TOL has                           a copy of the VRC 501-c-3            

         c.  The VRC is registered with the NH Secretary of State as a non-Profit Church                           with the mission from God to help homeless U.S. Military homeless veterans

3.  That the facts of this case will support the statement by the Lee Selectmen that “We are a community of Professors and UNH support staff and we do not deserve homeless in our neighborhoods”.

            a.  That the Lee Selectmen refuse to recognize the VRC as we have applied to                               the selectmen many times for such approval.  8/18.15 is the most recent                              denial

            b.  That the Lee zoning board has denied the VRC many times

            c.  Lee site review before making a decision keeps running up our expenses in                  a needless manner to win by what appears to be attrition.

            d. TOL has denied Tax-exempt Status for the Veteran Resort-Chapel once again in a manner that is not consistent with NH laws, RSA and practices.  TOL are quoted, as we do not meet the four-part test by Elder Trust of Florida, Inc V Town of Epsom (NH Supreme Court No. 205-706).  (1) The institution or organization was established and is administered for a charitable purpose:  We the Veteran Resort-Chapel are a 501-c-3 non-profit, registered with the NH secretary of state as a non-profit doing business through our church to help Homeless U.S. Military Veterans with preference going to Combat Veterans.  All money goes to pay the way for these brave men and women.  The Veteran Resort-Chapel owns the property free and clear.  The purpose is totally public for that is where our church members come from.  Our building is open to the public 24/7 as the TOL is well aware of. (2) an obligation exists to perform the organization’s stated purpose to the public rather than simply to members of the organization:  The Veterans Resort-Chapel is made up of the general public as a church and our mission from God to help Homeless U.S. Military Veterans with preference going to Combat Veterans.  Our Chapel is open to the public 24/7 as the town is well aware this winter homeless Veterans walking in Lee NH were directed by the Lee Police during storms that the Chapel door was open for them to seek shelter from the storm.  Two such Homeless Veterans did stay one night each until such storm ended.  Many times a week year round many Veterans and US citizens go to said chapel to pray or what ever.  We have a homeless Veteran living on site, as the TOL is well aware of.  (3) The land, in addition to being owned by the organization, is occupied by it and used directly for the stated charitable purposes; The TOL is well aware because they have a copy of the deed to 101 Stepping Stone Rd and it was given free and clear by Peter and Agnes Macdonald to the VRC for the express purpose to be a church with the mission from God to help homeless U.S. Military Veterans with preference going to Combat Veterans.  The property in question is used for no other purpose, as the TOL is well aware of.  (4) any of the organization’s income or profits are used for any purpose other than the purpose for which the organization was established.   My wife and I have close to if not over four hundred thousand into this mission from God to help Homeless U.S. Military Veterans with preference going to Combat Veterans.  All the money goes to help the Veterans and no other purpose.  Our Tax books are open for public viewing.  For the TOL to make such a false statement with all the facts in the TOL presents demonstrates the discrimination and acts of harm by the TOL in this case.

 

4.  The TOL is trying to stop the VRC from existence by attrition running up our expenses)

         a.  This frivolous court case.

         b.  Zoning Board expensive

         c.  Refusal of tax-exempt status for a church.

         d.  Needless Site Review expenses

         e.  Constant stop work orders from building inspectors office.

 

5.  The TOL has knowingly with intent to harm Homeless and /or disabled Combat Veterans has acted in a criminal manner to discriminate against our church and our mission from God to help (mentally and/or physically) homeless U.S. Military veterans come home if at all possible.  We have 25 years of experiences as shown by our ministry.

         a.  The TOL has fined the VRC for having a sign on VRC property          free standing personal property telling our members the “VRC” is          here.  The TOL should have been aware of the Arizona case “Reed          V. Town of Gilbert, Docket No. 13-502 that clearly makes signs on          public streets as described in that case does make signs on          personal property such as the VRC legal.  To go even further          removing the signs placed a “Substantial burden” on our members          taking away our guaranteed constitutional rights to free speech, our          right to quiet enjoyment of our own property and our right to equal          treatment. The TOL never even responded to our request for a          Compelling Government interest or that it is the least restricted          means. 

         b. The TOL interprets the Zoning ordinance different for the VRC                        than other properties in Lee NH.  The TOL agreed if the VRC took              the sign from being readable in the front of the VRC property then                          the TOL would make all other properties in Lee NH do the same                        as so agreed to in the stipulation that the TOL refers to (Line 15).                         The clear act of discrimination to intentionally harm our church by                        the TOL cannot be tolerated.  As follows:

                  1b.  100 Stepping Stone Rd across the street from the VRC                                     property has over 48 Sq feet of signage on his van                                     parked in his driveway 18 hours a day, 7 days a week.                                      The TOL claims signs on the vehicle are                                              exempt, yet signs on a scrap piece of plywood leaning                                     against a flag pole 16 Sq feet giving church members                                     direction on church property are illegal.  The same                                     ordinance interrupted different by the TOL for the VRC                                     than others.  This is discrimination.

                  2b  The same house at 100 Stepping Stone Rd on the front of                                  the house is a sign that the house is Jewish or that they                                  have a child in the  Army.  The same house has a sign                                  visible from the rd by the door of the donkey shed telling of                         the door location.

                  3b  The apartment building a few houses down the street on                                  Stepping Stone Rd has a sign for a business from a                                           different town about 25 Sq feet, less than twenty feet from                                  the rd.

                  4b  The house across the street from this apartment building                                  has a sign about 25 Sq feet, less than 4’ from the rd of a                                  business from a different town.  This same house has a 48                        Sq foot sign of picnic tables made on site and for sale.                                  This same property has a sign at the end of Stepping                                 Stone Rd less than 5’ from Rt 125 telling the public of its                                 business location.

                  5b  Allen’s Garage at the end of Stepping Stone Rd has a sign                        of about 25 Sq feet, less than 20’ from Stepping Stone Rd                                 telling the public of Planet Cloths drop site, a business from                        a different town.

                  6b  Eliminator business just up the road has many signs                                 attached to the fence and other signs located on their                                 property all bigger than the VRC temporary sign.

                  7b  The Lee Race track as do most other businesses and                                  properties in Lee NH have signs of one type or the other                                  on their properties where as only the VRC is held to a                                 different standard than all others.  Discrimination is against                                 the law and this is discrimination.

 

6.  The TOL did order two homeless U.S. Military Veterans evicted from 101 Stepping Stone Rd Lee NH, VRC church property.  To order church members that are homeless from church property violates the Separation of church and State.   The evictions violates the U.S. SC making it clear in the case of Fifth Avenue Presbyterian church V. City of NY docket No. 02-0773 that homeless cannot be evicted from church property.  For the TOL to knowingly with intent to harm violate our Constitution, laws, and court precedence case law cannot be tolerated.

         a.  The TOL approved these homeless U.S. Military Veterans                                     moving to worse conditions at 465 Packers falls Rd Lee NH in the               same zone and town as the church property located at 101                                     Stepping Stone Rd.  What is the difference if they live at the                         church property in respectable conditions or on private property                          in less desirable conditions?  The mission from God is for the                        VRC to care for these homeless U.S. Military Combat Veterans.                         To intentionally discriminate against our religious beliefs cannot                        be tolerated.

 

7.  The TOL ordered portable potties to be placed on VRC property.  The TOL then ordered the potties removed.  There are no ordinances about removing portable potties rented from a respectable business.  The TOL placed a substantial burden on the VRC members for now we have to use a 5-gallon bucket lined with a plastic bag then take the contents left to the Lee dump.    Other properties in Lee NH have portable potties located on their property, private homes and business.  452 Packers falls Rd has one less than 5’ from the rd.  Craving Coffee has one, the lee racetrack has many, and the Lee circle hot dog stand has one.  Portable Potties are a common happening in Lee NH.  No one has to even ask the town to have one placed on any property located in Lee NH never mind get written permission from the TOL as the VRC is required.  The TOL signed the stipulation but has made no effort to make any other properties live by the same standard as the VRC.  This act of intentional discrimination cannot be tolerated. 

 

8.  The TOL had a legally registered trailer removed from church property, registered in the VRC name (owner of 101 Stepping Stone Rd said property in this case).  The trailer was used daily in our religious practice and was moved to 465 Packers falls Rd in the same zone and town as 101 Stepping Stone Rd with the town knowledge and consent.  To inflict such pain and suffering on our Religious practice for any reason is illegal but for the TOL to do it in such a discriminating manner cannot be tolerated.

 

9.  The VRC mission from God and the TOL is well aware of our stated mission from God (to help Homeless U.S. Military Veterans with preference going to Combat Veterans) has caused harm to homeless combat veterans in that (Our Government) Veterans Administration and the Veterans Department of the Portsmouth Easter Seals has called many times to ask to let homeless veterans sleeping in their cars (during snow and other storms) on the streets to move to VRC property in a safer and more respectable environment.  The VRC had to refuse these U.S. Military homeless combat Veterans as a result of the TOL discrimination to intentionally harm our Religious Practice. 

Where Fore: The TOL has defied the will of the people of the United States of America and the people of NH from President George Washington whom made the statement “How we treat today’s Veterans will determine how many of tomorrows children will defend this great nation”, to the people of NH that wrote a RSA in 1777 and renewed the same RSA in the year 2012 that towns are obligated to help homeless combat veterans at town expense.  The TOL in the eyes of any reasonable person not only committed the act of Discrimination with intent to harm but they did it with Malice.  The TOL knew that I was 100% mentally and physically disabled and that the VRC could not get an attorney (for money reasons and not one attorney had the time or money to take such a case) so the TOL allowed a mentally and physically disabled person to represent the VRC in what appears to be to take advantage of said mental and physical state as a means to benefit the TOL so the court could over look the clear and intentional violations of our Constitution, RSA’s and the will of the people.  The VRC has a mission from God to help homeless U.S. Military Veterans with preference going to Combat Veterans.  Peter Macdonald with a TBI (no memory of my past life or experiences) was sent to combat and during one convoy somewhere in Vietnam did find a Combat God as I laid in a ditch to avoid enemy patrol inches from stepping on me.  Many Combat Veterans find God in their own way and the resident of Lee NH cannot be allowed to tell these Combat Veterans that our VRC is not welcome in Lee NH as any reasonable person could intrepid their actions in the case.  This is why the VRC is asking this court to in a summary judgment;

1. order the TOL to accept the VRC as a church and refund all money paid to the TOL for any reason by the VRC refunded.

 

2.  order the TOL to pay 12 Million dollars to the VRC in damages and harm to homeless U.S. Military Veterans as the TOL knowingly with Malice did try to stop the VRC mission from God to help said veterans.

 

3.  That if the court cannot rule this case as asked that a jury be assembled to hear this case at once for to intentionally harm any person that the TOL does not think deserves to live in their community cannot be tolerated.  To allow the TOL to continue to harm Homeless Combat Veterans is unspeakable, even if the TOL thinks their class of people does not deserve we the homeless Combat Veterans should live near them.

I am a nobody that served in the USMC during a conflict and came back with serious mental and physical disabilities from said actions during and in said conflict.  I do not have the knowledge or ability to follow the protocol required by the court for any individual to seek justice but I so represent the VRC in their mission from God.  The facts in this case as deplorable and unconceivable as it may be are true and if the people are to have any faith in justice cannot be allowed to continue.  We the Combat Veteran deserve no more than any other person under the guarantees of our Constitution but we deserve no less either.  I ask this court to under the Americans with Disabilities Act to let my errors in presentation and protocol to not be used to let the wrongs of government harm any more combat veterans. 

I submit this case this 24 day of September 2015

Peter Macdonald Minister, Sgt USMC.