By the Coalition for Responsible Cannabis
Today, a class action lawsuit alleging a public nuisance was filed against various large-scale Cannabis Cultivators, including Ceres Farms, Valley Crest Farms, and the Van Wingerden Family Trust.
The plaintiffs include the owners of the Rose Story Farm, Dr. William Hahn and Dani Dall’Armi, together with Chonnie Bliss Jacobsen and the Coalition For Responsible Cannabis. The lawsuit seeks to right a wrong that has persisted since the creation of Santa Barbara County’s failed cannabis ordinance in 2016 by the Board of Supervisors.
The lawsuit makes clear that its “main goal is not money” but instead seeks to secure the use of carbon air filtration systems (or “scrubbers”), a proven and effective odor abatement technology in the offending cannabis grows. Noxious odors from both the cannabis plants as well as masking agents have plagued residents of the area for years.
The concoction of chemicals in the widely-used masking agent has never been properly tested on humans. It is most commonly used at landfills, not in the middle of residential neighborhoods. The long-term effects of constant exposure on humans and animals remain unknown. The County of Santa Barbara has forced the hand of residents, who saw litigation as a last resort, to file suit to stop the public nuisance that could have been dealt with years ago.
“We find it unfortunate that yet again, our small nonprofit needs to do the work of the County—simply modify the ordinance and let’s move forward,” said Lionel Neff, Director of the Coalition. He added: “We took the time and money to test carbon scrubbers and sent the results to the Board of Supervisors, yet still nothing has happened.”
The litigation team is led by veteran Attorney Robert Curtis of Foley, Bezek Behle & Curtis, LLC, whose previous nuisance lawsuit led to a settlement resulting in Carpinteria’s first permanent Carbon Scrubber system. “These growers are not the ‘Good Neighbors’ they claim to be. They continue to profit from their cannabis-growing operations at the expense of their neighbors, who no longer can enjoy their homes and neighborhoods because of the terrible and persistent smell.” He added: “Cannabis continues to be a problem for the people of Carpinteria, and you don’t need a courtroom to prove it: All you have to do is step outside.”
Coalition board member Jules Nau stated: “We have been at this now, unfortunately, for years. But it has given us an incredible perspective, and we now know what works and what doesn’t. Carbon scrubbers work. Spraying chemicals in the air is not a long-term solution. It’s time for the county to fix this problem, but if they can’t, The Coalition will protect those of us who live with this nuisance through lawsuits like this.”
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ABOUT SANTA BARBARA COALITION FOR RESPONSIBLE CANNABIS:
The Santa Barbara Coalition for Responsible Cannabis is a community-based advocacy and education organization whose objective is to promote sustainable communities. We work progressively for the health and well-being of our county residents, children, traditional agriculture, and businesses of Santa Barbara County, who have been negatively affected by large-scale commercial cannabis cultivation. The Coalition is not a prohibitionist organization and encourages cooperative and neighbor-friendly cannabis businesses.