Marijuana: Paralyzed MMJ patient's last Supreme Court pitch over DISH firing

brandon coats 205x205.jpg
Photos, documents below.
Last year, Brandon Coats, a paralyzed medical marijuana patient fired by DISH for failing a drug test, filed a complaint over the issue in Arapahoe District Court. When he lost there, attorney Michael Evans brought the case to the Colorado Court of Appeals, where jurists also rejected Coats's argument. But Evans hasn't raised the white flag quite yet. He's submitted what he describes as the final document in an effort to get the Colorado Supreme Court to take on the matter. See it and get details about the potentially groundbreaking case.

As we've reported, Coats, who's in his thirties, is paralyzed over 80 percent of his body. At age sixteen, he was a passenger in a vehicle that crashed into a tree.

Since then, Coats has used a wheelchair to get around, but he's fully capable of working -- and in 2007, he was hired by DISH as a customer service representative. Over the years that followed, his original lawsuit contends that prescription medicine Coats took to treat involuntary muscle spasms began to fail. When searching for a way to deal with these symptoms, his physicians recommended that he supplement his regimen with medical marijuana. He received his state-issued license for MMJ in August 2009 and found that cannabis helped alleviate his spasms. However, the complaint stresses that he never used marijuana at work, during work hours or anywhere on the company's premises.

Thumbnail image for brandon coats.jpg
Brandon Coats.
In May 2010, Coats was ordered to take a random drug test. He's said to have told the employee administering the test that he was an MMJ patient, but this wasn't taken into account when he registered a positive for THC. The agent who broke the news allegedly told him that his status as a patient didn't matter: "That is just Colorado state law and does not apply to your job." Two weeks later, Coats was fired for violating the company's drug policy.

Evans took DISH to court, arguing that Coats's activities were constitutionally protected. But in February 2012, Araphaoe District Judge Elizabeth Beebe Volz granted DISH's motion to dismiss. Among the cases she cited to justify this ruling was one involving Jason Beinor, a medical marijuana patient sacked from his street sweeping job after failing a drug test.

After more judicial machinations, the Coats case reached the Colorado Court of Appeals. But in a 2-1 decision, the court sided with DISH. The majority decision, written by Judge Janice Davidson and on view below in its entirety, is summarized like so:

The primary question before us is whether federally prohibited but state-licensed medical marijuana use is "lawful activity" under section 24-34-402.5, C.R.S. 2012, Colorado's Lawful Activities Statute. If it is, employers in Colorado would be effectively prohibited from discharging an employee for off-the-job use of medical marijuana, regardless that such use was in violation of federal law. We conclude, on reasoning different from the trial court's analysis, that such use is not "lawful activity."
The bottom line: Because marijuana remains against federal law, employers can use that standard rather than state law as a rationale for banning worker use even off the job.

Quizzed after this ruling, Evans said, "This was a hard decision, because there are a lot of competing interests. So I think they did what was safe. And I also think there's one level above them.

"That's what happens a lot of the time. Trial judges and then Court of Appeals judges may side on the conservative side with an abundance of caution and let somebody else take the risk -- like the Colorado Supreme Court. If anyone is going to tell the federal government that state law is going to prevail in this case, it's going to be the Colorado Supreme Court."

Will the Supremes take the case?

Continue for more about MMJ patient Brandon Coats, including a photo and original documents.


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74 comments
thcmc420
thcmc420

I am done with this thread.

Too many drunks on it!

barbarian.bob1
barbarian.bob1

anyone but me think donkey should be banned forever from this forum ?the moderator is not doing their job 

Dave Adams
Dave Adams

NO, the one Dish employee that is honest about his drug use and he gets fired. He should have done like most other Dish employees and beat the drug the test, and not have been honest, and not had lost his job! Dish is a bunch of hypocrites, because they would need to clean house to get rid of all the drug users in their chain of command. Pay TV sucks anyways!

thcmc420
thcmc420

El Dumbo,As someone who understands the law I can say you sure are convincing on your talking points.More Repukelican double talk? LMFAO !!!!!

thcmc420
thcmc420

The federal supremacy clause can only be brought in IF and I say again IF there is inter-state commerce.Otherwise as per the constitution the states Have the right to there own manifest destiny!Americans do not even understand there own history or law!

Pathetic!

Angela Taylor
Angela Taylor

It sucks but its the law! We need to work on making it legal on the federal level!!! Some day I pray it happens.

DonkeyHotay
DonkeyHotay topcommenter

And knowing this, the incompetent McLawyers who wrote A64 FAILED to include language to Establish a Privacy RIGHT to Use Marijuana in that worthless turd.

... instead EXPLICITLY including a provision that ALLOWS EMPLOYERS to arbitrarily discriminate against any/all marijuana users in Colorado.

Epic FAIL!


barbarian.bob1
barbarian.bob1

@thcmc420 the Canadian police and Alaska State Troopers said they'll pursue the matter.  if any body calls and harasses the people at that number you'll be in even more trouble. better have a good lawyer

DonkeyHotay
DonkeyHotay topcommenter

@barbarian.bob1 = shitsucking Canuck wants to ban other people's speech, because he's too fucking stupid to simply ignore the comments he doesn't like.


thcmc420
thcmc420

Bob

Just dropped a steaming turd for you to suck...........

;)---

michael.roberts
michael.roberts moderator editortopcommenter

@Angela Taylor Thanks for posting, Angela. Much appreciated.

barbarian.bob1
barbarian.bob1

@DonkeyHotay parents failed you pal. getting satisfaction by continually posting how much you like people getting effed out of medicine will curse you forever

thcmc420
thcmc420

Donkeysbutt,

Why are you such a DBAG?!?This case has NOTHING to do with A64!He is a MMJ cardholder and MMJ is in the Colorado Constitution!Are you against the Colorado Constitution ???Try to comprehend what you read before you speak!Thanks.

thcmc420
thcmc420

Wow you sure are paranoid. It's called caller I'd block fool!

Have fun I am not in any of those places.

No cop gives a shit about you and your inability to block your own cell #

Another drunk Canadian you are EH!

;)----

barbarian.bob1
barbarian.bob1

@thcmc420 you and donkey are the same person .they never heard of you at the the  thc medical clinic in alaska but they will now i was a pot advocate before you were born and you suck .get your head read

thcmc420
thcmc420

For a top commenter or should I say bullshitter you sure are stupid!

DonkeyHotay
DonkeyHotay topcommenter

@barbarian.bob1 ... you clueless bong-sucking stoners fucked yourselves by NOT INCLUDING a personal right to use in A64, especially after knowing the failures and errors of A20 for over 10 years, and the precedent setting Beinor case law.

Instead, the McLawyers who wrote, and the stupid stoners who promoted A64 EXPLICITLY reaffirmed the RIGHT of EMPLOYERS to DISCRIMINATE against marijuana users.

Fucking brilliant !!


DonkeyHotay
DonkeyHotay topcommenter

@thcmc420 = brain-dead bong-sucking stoner

@thcmc420  "This case has NOTHING to do with A64!He is a MMJ cardholder and MMJ is in the Colorado Constitution!"

A64 is in the Constitution too, numbnuts, and the Marijuana McLawyers that wrote it, and clueless stoners like you who supported it, EXPLICITLY included a provision that affirmed the RIGHT of EMPLOYERS to DISCRIMINATE against marijuana users -- even knowing in advance the failure of A20 to establish a personal right to use, they not only failed to correct it, they exacerbated it by affirming the rights of employers to FIRE pot users.

When you fuck yourself in the ass, don't whine about the pain, moron.

barbarian.bob1
barbarian.bob1

@thcmc420 LOLOLOLwhat does the bermuda triangle and your mother got in common ? they both swallowed a lot of seamen

thcmc420
thcmc420

Looks like your the LOSER!!!!!!

thcmc420
thcmc420

NOPE!!!!!!!

Hahahahahahhahahahahahahahahahah

barbarian.bob1
barbarian.bob1

@thcmc420 hey schleppenmeister ,cops show up yet LOLOL you got punked. you took the bait and ran with it. hows it feel ? donkey and everyone was in on it. even your staff lolol Canada rules you appear the fool  . we took YOU to school . lose much ? LOLOL

thcmc420
thcmc420

Maybe for your sanity hearing.

thcmc420
thcmc420

Your a moron.

No one cares about you.

Go cry somewhere LOSER!!!!!!!!

barbarian.bob1
barbarian.bob1

@thcmc420 the police show up up yet? lolol see you in court. im pressing charges laff that off

thcmc420
thcmc420

Deeper and deeper in your ass you thrust your hard dildo you quimby TOOL!!!

thcmc420
thcmc420

Your drunk or on crack

Sorry fool that's what doctors cost in Alaska

LMFAO

Laughing my fucking ass off

DOUCHEBAG

It's called freedom of speech........you don't have that in Canada eh fool?

I think that number is on over 100 sites now......................

barbarian.bob1
barbarian.bob1

@thcmc420 still a ripoff and a predatory practice at any price. i dont touch alcohol.explain it to the cops lol

barbarian.bob1
barbarian.bob1

@thcmc420  you seem to care .no one threatened your staff or you  .tell it to the judge  lolol good luck deeper and deeper 

thcmc420
thcmc420

It's

$300 w records

$375 without

$250 renewal

GET IT RIGHT YOU DRUNK CANADIAN FOOL

thcmc420
thcmc420

LMFAO at you fool.

No one cares about you or your pathetic diatribe.

Go where fool?

Somehow in your pea brain you think it is an international crime to post a phone number of someone who called my business and threatened my staff.

Your a fool man.

I hope they call so we can report your terroristic threat against our legal medical marijuana business!

barbarian.bob1
barbarian.bob1

@thcmc420 you dont understand jail .the cops and my lawyer said its illegal and its a felony in Canada the police are monitoring this site now and im hoping youll dig yourself in even deeper . i contacted other activists and they were not impressed.your shaming the industry charging 285 dollars to hook up patients, leeching off peoples misery. my what an impressive resume. say hi to Trooper Wisentroff when he gets there . lol happy trails

thcmc420
thcmc420

You don't understand law.

barbarian.bob1
barbarian.bob1

@thcmc420 you stepped over the line and now the police will deal with you. youll change your tune when they come calling . not good for business to get caught harassing people happy trails eh lolol bob 7 soonto be jailbird 0 

barbarian.bob1
barbarian.bob1

@thcmc420  posting my girfriends number thats a matter for the police im not hiding anything they.ll get ahold of you shortly

thcmc420
thcmc420

I guess your too stupid too see where you did MSG me directly.Everyone else can.250-385-9060 is your number in Canada LOSER

Are you drunk still?I just put your contact info on some real nice man on man websitesHave fun with the callsWelcome to the Internet EH!

barbarian.bob1
barbarian.bob1

@thcmc420 you are the biggest jerk in the business.you said vile things to me and i never even  messaged  you.  go to anger management and see a shrink

thcmc420
thcmc420

Really before 1964??????

LIAR

LIAR

LIAR

SUCK MY WET STANKY TURD

thcmc420
thcmc420

Now you are just straight lying.

That's all jerk wads like you have.........LIES.

thcmc420
thcmc420

Are you drunk again watching the little school girls play?

You know that wrong uncle pervey!

barbarian.bob1
barbarian.bob1

@thcmc420  hes the biggest jerk on the internet. same thing repeated over and over . maybe thay dont have mental health facilities in his area

thcmc420
thcmc420

Why have drunk REPUKLICANS tried 39 times to repal Obama care and lost every time?

THE DEFINITION OF INSANITY IS DOING THE SAME THING OVER AND OVER AND OVER AGAIN EXPECTING A DIFFERENT OUTCOME!!!

THAT'S YOU DONKEY BALL SUCKER AND YOUR INBRED PAL BOB1.

Hahahahahahhahahahahahahahahahah

DonkeyHotay
DonkeyHotay topcommenter

@barbarian.bob1 "they made concessions to get it legalized"

#1 -- it ain't Legalized

#2 -- concessions? ... it wasn't a negotiation, it was a ballot initiative, they could have written it any way they wanted -- especially given the oft quoted bullshit polls that claim over 50% of Americans favor LEGALization.

If over 50% of Americans support legalization, why are stupid stoners too stupid to write and pass a ballot initiative that ACTUALLY LEGALIZES marijuana?

You brain-dead bong-suckers FUCKED YOURSELVES in the ass, again, because you're afraid of your own shadow, and so accustomed to abject FAILURE that you can't even win when playing against yourselves.


barbarian.bob1
barbarian.bob1

@DonkeyHotay they made concessions to get it legalized same as in Washington not allowing growing. if they never legalized anywhere it than sick people cant get access to medicine why do yo take pleasure in sick people going without medicine

barbarian.bob1
barbarian.bob1

thmc420 can o borrow your face for a couple of days?  my ass is going on holiday. bob 4trick0

thcmc420
thcmc420

You are comparing apples and oranges

YOU STUPID INBRED TURD LICKER!!!!!

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