A Lafayette tea shop owner has sued the city over an ordinance that temporarily bans any recreational marijuana-related businesses in the city, including those that provide for or allow "the use of marijuana" on site.
The Front Tea & Art Shop owner Veronica Carpio claims Lafayette's moratorium, passed Feb. 5, flouts state law permitting adults 21 and older to possess — and consume in private — up to 1 ounce of pot
The suit, filed in Boulder County District Court, also claims the city is violating Carpio's property rights by not permitting her to assist adults with the consumption of marijuana on her property and behind closed doors as guaranteed by Amendment 64.
Carpio and her lawyers are requesting a preliminary injunction to stop the city from enforcing the ordinance.
The lawsuit has the potential to set a precedent in the burgeoning legal universe of recreational marijuana, where other disputes have arisen over how far local governments can go in regulating pot-related enterprises, like cannabis clubs.
"We want to settle this matter now — not wait until there are 20 other cities that have passed an ordinance like this," Carpio's lawyer Tommy West said.
City officials declined to comment.