Smoke clears in flash-point Old School lawsuit issue
By Katie Pizza
Argus Observer
Friday, November 14, 2008 10:51 AM PST
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| A selection of magazines sits on a stand on display at Old School, situated at 217 S. Oregon St., in Ontario. In a settlement reached with the city of Ontario in July, Owner Victoria Miller has until the end of the year to get rid of the magazines due to their
marijuana-related content. |
Ontario — As the smoke from the Old School/City of Ontario legal settlement begins to clear and the last of the hotly-debated merchandise slowly leaves the store, city officials and Old School owner Veronica Miller continue to have different opinions about why the lawsuit ended as it did.
The city delivered a civil complaint against Victoria Miller, who owns the local business Old School, in December. City officials asserted Miller knowingly sold drug paraphernalia to be used for a controlled substance.
In the lawsuit, the city asked for a civil fine of $10,000 — payment of the city’s legal costs and an injunction prohibiting Miller from selling, delivering or possessing drug paraphernalia.
The settlement injunction filed July 1 stipulates Miller is forbidden from selling, delivering or possessing any product knowing it will contribute to drug use.
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 said most of the items on the list are no longer in her store.
“The only thing left to get rid of are the magazines,” she said on Thursday.
According to court documents, 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.
“They are all back issues,” she said. Miller said she no longer receives new issues and she decided to stop selling the magazines before the settlement.
“It was a no-brainer,” she said.
She also said has lowered the magazine prices to $1 each.
“I’m hoping to sell them by (the end of the year),” she said. “But if not, then I’ll just throw them out.”
Miller said she was glad the lawsuit was over, and that she could have spent another $20,000 and won but opted “to get rid of the couple of items” instead.
OPD Chief Mike Kee said he believed the city benefited from the settlement.
“I feel we accomplished what we needed to accomplish,” he said.
Kee said the city was able to get Miller to change how she advertised and “be more consistent with the things they sell.”
He said he believed it was inconsistent to sell papers said were to be used to smoke tobacco while also selling High Times magazine and a T-shirt with a marijuana leaf that says “legalize it.”
Regarding the fact the magazines are still in stock at the store, Kee said they would be gone by the end of December.
“That’s what you have to do when you try to negotiate a settlement,” he said. 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 Kee said in July are only used to consume tobacco.
“We went as far as the law would allow us to go,” Kee said in July. “In Oregon, we have a weak law. If people want a law with more teeth, they should take it up with their legislature.”
JIM P. wrote on Nov 19, 2008 11:24 AM: