As many of you already know, I filed a lawsuit to try and remove the 25 Mile Rule from the AMMA as it is not in accordance with the Federal Equal Protection Act and therefore unconstitutional. On March 1st 2012 and March 2nd 2012 respectively the State's attorneys filed two motions, the second is an amendment to the first to correct procedural and clerical mistakes. One of the very same reasons they suggested MY case should be dismissed.Governor Brewer claims to have not been served properly and makes a "special appearance solely to join the motion to dismiss." That is already handled on my end and is in itself insignificant.
The attorneys for the State also decided to point out that my "activity" itself is illegal under federal law and therefore (in their opinion) the federal protection act is inapplicable.
Then they suggest I have failed to state a claim in which relief can be granted. Sounds familiar to them I bet. However, let's talk about a couple things they are NOT suggesting in their motion to dismiss, such as standing, which went unchallenged. Or perhaps "ripeness" a term they are familiar with already thanks to their dismissed case concerning the dispensaries. So to recap really quickly, contrary to anything you have heard, THE CASE HAS NOT BEEN DISMISSED. The State is simply (which is their right under the federal law) filing a Motion to Dismiss (presumably to stall and in recognition of the fact the equal protection argument is extremely strong). Initial hurdles I thought I might face were not presented which provides for an optimistic approach moving forward. However, the State is intent on pushing as hard as they can to drown out the case presumably based on their perceived lack of interest in the issue(s) (financial and otherwise). It is more important now then ever to show them they have dramatically underestimated our community!Here are their two motions...My response will be filed today at noon;)