Plaintiffs in Old School case reach settlement
City sought legal barriers against local merchant

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According to Malheur County Circuit Court documents, Miller is no longer allowed to sell what are known as spice grinders, separation gins or sifters. However, she will be allowed to deplete her stock of 48 metal grinders as long as she sells them before the end of the year.

 Miller is allowed to deplete her inventory of Cannabis Culture and High Times magazines but only if those copies are sold before the end of the year.

Miller is also allowed to continue selling bongs, since those devices can be used to consume tobacco. She will also be allowed to continue to sell hookahs, which Ontario Police Chief Mike Kee, who signed the document, said are only used to consume tobacco.

“We went as far as the law would allow us to go,” Kee said. “In Oregon, we have a weak law. If people want a law with more teeth, they should take it up with their legislature.”

City Attorney Larry Sullivan said it was in the city’s best interest to settle the court case when it did.

The city gained at least one chance to settle the judicial proceeding in January when Zanotelli filed a motion to dismiss the case. Zanotelli’s motion to dismiss the case was rejected. Miller, in the request to dismiss the case, asked the city be compelled to pay her legal costs.

“I sell high-end glass tobacco pipes, rolling papers for people to make their own cigarettes and decorative cloth posters,” Miller said in her January declaration. “Everything I sell is legal and is specifically intended for legal use. I would not sell anything knowing it would be used illegally. I just want to run my business and contribute to my community as a taxpayer and good citizen.”

“It’s an expensive process with an uncertain outcome,” Sullivan said this week regarding the court case.  

Sullivan said any person involved in a civil action is aware of this fact, no matter how confident they are in their side of the case.

Zanotelli agreed the settlement was prudent.

“It’s a lot better than butting heads for a week in trial,” he said.

Zanotelli said he found fault with witnesses the city spoke to before the settlement. One of those witnesses, Krystal Priester, Parma, asserted she witnessed Miller talk with customers numerous times about using Old School’s products in conjunction with marijuana, but never with tobacco. She also said Miller did not ask customers for their medical marijuana cards, and she did not train her employees to do so.

“The city crawled into bed with a former felon, a former employee,” Zanotelli said.

Zanotelli said Priester had stolen property from Miller and could have a vendetta against Miller.

The trial was originally slated to begin Monday but was canceled after the settlement.

Other stipulations from the settlement include the fact Miller is not allowed to advertise the sale of drug paraphernalia or any controlled substance.

“If you look at the injunction it will spell it out,” Zanotelli said. “She couldn’t say ‘come to my store and get illegal products,’ which she wasn’t doing anyway.”

Kee asserted undercover officers had visited the establishment inquiring about purchasing items to do illegal drugs.

“If someone said ‘I want to make some meth, what do you got?’ she would have to say ‘get out,’ ” Zanotelli said.

If Miller were to sell drug paraphernalia, it would result in a payment of no less than $2,000, or no more than $10,000 per violation.

“The amount is not intended as a penalty,” court documents said. “But as damages to the plaintiff.”

Miller was also compelled to donate $1,500 to the Malheur County Drug Court within 30 days of the judgment.

Kee said the amount of attorney fees gained in the case were minimal, with Sullivan receiving payment for his work with the case only when members of City Council were deposed by the defense.

“The district attorney provided an attorney,” Kee said. “They work for us. They work for the public. No charge for them. The city also deposed Ms. Miller and had to pay for a transcriptionist. We paid for that. Other than that, there was no cost.”

Zanotelli would not offer a final number on his services.

“I know how much my bill is,” he said. “But I’m not going to tell you that.”

Kee said Ontario took the amount of money it would cost taxpayers into consideration before filing the lawsuit.  

“From a police department standpoint,” he said, “we’re very happy about this.”

Zanotelli expressed much of the same opinion.

“Now she gets to go about her business,” Zanotelli said, “just like the rest of us.”

Miller opted not to comment on the judgment.