In 2013, the Nevada Legislature enacted a statute which authorizes the sale of marijuana to persons who hold a prescription from a licensed physician. Wooderson applies for and receives a license from Washoe County to operate one of 10 licensed dispensaries in Reno. He immediately purchases a building with the proper zoning for a dispensary and refurbishes it for use as a fully operational dispensary, including cultivation of the marijuana which he will sell to the patients. His investment is in excess of $500,000. He also hires 12 employees to operate the dispensary. Some of the homeowners who live near the dispensary oppose its operation because they fear it will attract undesirable persons and will corrupt the morals of the children who live in the area. Once the operation opens, the neighbors also complain about the noise created by the customers, particularly the loud music played on the music systems in the cars driven by the customers. Acting on the complaints of the neighbors, the Washoe County Commission adopts an ordinance which prohibits Wooderson from operating the dispensary at any time when local children are arriving or departing schools in the area and also after 6:00 p.m. on any day. There are 9 other dispensaries in Reno with similar customer activities, but the ordinance applies ONLY to Wooderson’s dispensary. The other dispensaries operate 24 hours each day. As it turns out, one of the County Commissioners who sponsors the ordinance is a very straightlaced religious person whose religious beliefs prohibit the use of mind altering substances such as alcohol and marijuana. He promotes the ordinance as a means of promoting his religious beliefs. He also does not like the fact that Wooderson is an atheist and wants to put him out of business. Another County Commissioner secretly holds an interest in two competing dispensaries and votes to approve the ordinance to hurt Wooderson’s business. Wooderson believes the ordinance is unfair, and that if it is enforced, it will put him out of business. He continues to operate the dispensary during the same hours of operation as his competitors. The County arrests and prosecutes Wooderson for operating the store and selling the substance during the prohibited hours. The violation is a CRIMINAL offense under the County Code. Wooderson face fines and jail time. Wooderson loses income as a result of the ordinance. Wooderson had hired an expert who measured the noise levels at his store and other dispensaries. The noise levels are about the same. This is also true of customer traffic flows to and from the store. One of the County Commissioners also informs Hank Schrader, his brother-in-law and the head of the local office of the United States Drug enforcement agency, about Wooderson’s store. Without conducting any investigation of Wooderson or his store, Hank and his team conduct a raid on the store after business hours. They drive an armored vehicle through the front door and confiscate all of the marijuana and cultivation equipment. Hank also breaks into Wooderson’s home, rousts Wooderson out of bed and arrests him for violation of the Federal Controlled Substances Act, a felony offense which carries heavy fines and lengthy imprisonment as possible penalties. In your answers, please refer to any specific provision of the Constitution which apply. EXPLAIN YOUR ANSWERS.
Wooderson hires you as his lawyer to defend him against the criminal charges. He believes that the new ordinance is invalid. Discuss the validity of the County Code dispensary ordinance. What defenses does Wooderson have to the criminal charges for violating the County Code? Do you think that the defenses will be successful? Explain your reasons. Aside from defending the criminal charges by Washoe County, Wooderson, wants you to fight the dispensary ordinance so he can get back in business and make money. What claims does Wooderson have against Washoe County regarding the ordinance and what equitable remedies should he seek if he files a lawsuit to stop the County from enforcing the Ordinance? Who do you think will win this lawsuit and why?