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Attorney says he won't challenge Unversity of Colorado campus closure on 4/20

Posted on April 12, 2013 by News Admin

Last month, after CU-Boulder announced that it would be closing campus on 4/20 for the second consecutive year, marijuana attorney Rob Corry, who unsuccessfully challenged last year's shutdown, said he was exploring the possibility of seeking a permit for a 4/20 event at CU this year as an alternative to filing another request for a temporary injunction.

Now, however, Corry says the permit plan is off the table, as is another trip to court -- and he encourages CU students to attend the 4/20 celebration in Denver.

After CU made its latest closure plan public, Corry told us he'd had discussions with the university's counsel, "and his idea was applying for a permit through the normal process" on behalf of his clients -- the plaintiffs in his legal attempt to keep the campus open to visitors in 2012.

Following this procedure brought its share of complications, Corry conceded: "To get a permit, you have to have a leader, supply logistical items like Porta-Potties, cleanup, insurance. So we're looking into whether that's feasible. If we apply for a permit and convince CU we can deal with all the externalities of it, and if someone steps up, maybe CU will fold."

That was unlikely from the beginning. In a March interview, CU-Boulder spokesman Bronson Hilliard (disclosure: a longtime friend of yours truly) stressed that the university would only to be open to visitors who could prove they had official business on campus -- and he specifically noted that smoking marijuana in public was unlawful under both federal law and Amendment 64, which allows adults 21 and over in Colorado to use and possess small amounts of cannabis.

The fact that April 20 is on a Saturday this year shouldn't be a consideration, Hilliard added, because a great deal of activity takes place at the school on weekends, and it would be disrupted by thousands of puffing revelers.

Corry saw this assertion as suspect and suggested that the weekend timing might offer a new rationale for taking CU back to court should the permitting approach fall through. Hilliard rejected that supposition and expressed confidence the university would prevail again should Corry seek another injunction.

Now, such a fight won't take place -- at least not involving Corry. "Obviously, any person can file an application" for an event, he says. "They're available online. But as far as my clients and my involvement, we've decided it's not worth it. We think it's likely CU would deny any application anyway, and then we'd be back to the same analysis from last year" -- seen in a document on view below.

Besides, Corry goes on, "the event was always very short -- basically a one-hour event that started around four and ended around five. It didn't lend itself to a formal, permitted, sponsored event like the Denver 4/20 rally" at Civic Center Park, "which does very well with that."