District Court Las Animas Coumy 200 E. Firsl Slreel Trinidad, Colorado COURT usE ONLY July l1, 2n11 PlaimiIIs Kainryn Mullen Laureile Dallas. Texas -- Owners FEED YOUR EAD SHOP Wesi si dad cdloradd ulna: CASE NUMBER: DEFENDANTS Mayor Phil Rico ciiy Council (Excluding Carlos Lopez) 135 N. unas 5: Trinidad DIVISION coumnoom Trinidad pdliee (excluding cniel Charles oluridsd) Les Animas County DA Henry Sulailu irsl si firsl si Trinidad Colorado Trinidad Colorado ATTORNEY ur parry wrindul Audrney Kainryn Mullen me SE us in Main sl Trinidad Colorado ulna: COMPLAINT Alleges ciiy Management creaied and execuied coverl EX POST FACTD legislalion to close a prime business Violaled llie business owners Colorado Bill at Riglils Seclions 1.3.lu,1l Colorado consliluiion Arlicle 13 ms us Consliluiion Tiile 1s ss241. man and Elk 1933 Reconslruclion Civil Rights Emioemem Eniraprneni Endangerrnenl oi Tourisls By oily oi Trinidad Law Enlmcerneni and City Managemenl NARRATIVE Ms Mullen and Ms Lyon opened Feed Your Head Shop and 420 Smoke Lounge in TRINIDAD, Colorado in July 2016 They opened as a gill shop and cannabis lounge Augusl 29,2016. The (2in 0' Trinidad RENEWED THE BUSINESS LICENSE IN FEBRUARY 2017 - VALID UNTIL FEBRUARY 2018. Our Cannabis Lounge was a 10,000+ square fool luxury indoor/ouldoor venue where adulis 21 Years old and wilh a valid ID may i. lake respile lrom lhe wealher li. refresh lhemselves wilh prepackaged beverages and snacks Iii. shop for Trinidad Souvenirs Iv. purchase an lrom local Arlisls and Arlisans V.enjoy an ouldoor picnic lable Vi. enjoy lheir legal cannabis purchase The owners Cannabis Lounge business model DOES NOT PROVIDE, PROVIDE FOR DONATION, SELL OR GIFT CANNABIS. IT IS a BRING YOUR OWN CANNABIS PURCHASE HERE Business Model. Under City Manager Gabe Engeland, our business peacefully co-existed with City Hall on good terms; employees of the city visited, we even share a parking lot and grassy courtyard with City Hall I. very supportive and positive city attitude toward our business Ii. confirmation of support directly from City Council member Carlos Lopez at one of our events iii. echoing CM Gabe Engelund support of our business City attitude toward cannabis dramatically changed when City Manager Gabe Engelund left. D.City attitude toward our business concept/ model changed when Mayor Phil Rico became dominant negative influence in city management in March 2017. E. The owners allege conspiracy via covert EX POST FACTO legislation by certain city officials and the City Council (excluding Carlos Lopez) to cause closure to the ONLY cannabis Lounge in Southeastern Colorado, in a city with 22 dispensaries and no public or private location or venue for travelling adult cannabis buyers to enjoy their legal cannabis purchase. F. A main tenant of the Colorado Constitution clearly states in Section 11. Ex post facto laws. No ex post facto law, nor law impairing the obligation of contracts, or retrospective in its operation, or making any irrevocable grant of special privileges, franchises or immunities, shall be passed by the general assembly. G. The Chief of Police made two visits to our business and four unknown officers visited our lounge insisting we remove ALL our signage that read “Smoke Lounge” then only “Lounge”, “420” and even our OPEN sign. A violation of Colorado Constitution Section 10. Freedom of speech and press. No law shall be passed impairing the freedom of speech; every person shall be free to speak, write or publish whatever he will on any subject, being responsible for all abuse of that liberty; and in all suits and prosecutions for libel the truth thereof may be given in evidence, and the jury, under the direction of the court, shall determine the law and the fact. H. Trinidad City Officials and Law Enforcement colluded and conspired to covertly cause closure of the ONLY cannabis Lounge in the city. i. Disallowed other cannabis lounges by way of a “moratorium” on other public or privately owned cannabis lounges ii. Not a moratorium but an indefinite ban with no limits iii. Colluded and conspired to close existing cannabis Lounge that was used as a “bellwether” to allow or disallow other cannabis Lounges in Trinidad Iv. District Attorney Henry Solano issued an edict forbidding using marijuana, in viol;ation of Colorado Constitution Article 18 section 16 A which states “(a) Possessing, using, displaying, purchasing, or transporting marijuana accessories or one ounce or less of marijuana. (is NOT UNLAWFUL) v.Further part C states (c) Transfer of one ounce or less of marijuana without remuneration to a person who is twenty‐ one years of age or older. vi.(d) Consumption of marijuana provided that nothing in this section shall permit consumption that is conducted openly and publicly or in a manner that endangers others. vii. (e) Assisting another person who is twenty‐ one years of age or older in any of the acts described in paragraphs (a) through (d) of this subsection. IS NOT UNLAWFUL according to the Colorado Constitution. L. Collusion and conspiracy to eliminate the business opportunity for others to open a cannabis service business M. Covert actions to DISALLOW ANY public or private cannabis Lounge in a city with 22 mostly recreational dispensaries I. 13 miles from New Mexico and II. 160 miles from Texas. N. TWO other well funded existing business owners were disallowed opening a cannabis cannabis lounge A main tenant of the Colorado Law Enforcement and MED guidelines clearly states “Cannabis purchase MUST BE CONSUMED LAWFULLY WITHIN THE STATE OF COLORADO”. O. Disallowance of a cannabis lounge financially benefits the city, law enforcement and private co conspirators. P. Disallowance of any public or private cannabis lounges enhances the city's ability to gain federal law enforcement “drug war” funds and enhances city finances. The aforementioned in violation of the Colorado Constitution, Section 3. Inalienable rights. All persons have certain natural, essential and inalienable rights, among which may be reckoned the right of enjoying and defending their lives and liberties; of acquiring, possessing and protecting property; and of seeking and obtaining their safety and happiness. 6. We assert that under this Statement of Claim A. The easy availability of recreational cannabis for a dramatically lower price than that of the street value in Texas, the beauty of the SE Colorado area, the warmth and friendliness of Trinidadians, the low prices of food and accommodations in Trinidad lures unassuming Texans to “come to visit Trinidad and purchase and enjoy legal cannabis” constitutes “enticement” B. to come to Trinidad, Colorado to buy recreational cannabis WHERE NO SAFE CONSUMPTION LOCATION/VENUE EXISTS. C. estimates indicate that 85% of cannabis purchases are to Texans; therefore the majority of cannabis arrests are of Texans. D. No public signage informing out of state tourists of the terms and conditions of the use of recreational cannabis exits. E. No public signage exists that inform the public if the legal consequences of public use or consumption exists. F. In the knowledge that law enforcement is aware no public or private location or venue exists to allow the out of state tourist or adult recreational cannabis user to enjoy their legal cannabis purchases in a safe, weather proof environment; as well as no signage or information about the rules and consequences of legal cannabis exists constituents “entrapment”. G. Allowing out of state recreational cannabis buyers to purchase cannabis without a location or venue to consume their legal cannabis in the legal cannabis state, forcing tourists to attempt intrastate transportation constitutes “endangerment”. We allege the above actions by the Defendants constitute a violation of Colorado Constitution Article 18 subsection 16 governing proposition 64, legal cannabis and terms for consumption. Article II, Bill of Rights Colorado Constitution Section 1. Vestment of political power. All political power is vested in and derived from the people; all government, of right, originates from the people, is founded upon their will only, and is instituted solely for the good of the whole. Section 3. Inalienable rights. All persons have certain natural, essential and inalienable rights, among which may be reckoned the right of enjoying and defending their lives and liberties; of acquiring, possessing and protecting property; and of seeking and obtaining their safety and happiness. Section 10. Freedom of speech and press. No law shall be passed impairing the freedom of speech; every person shall be free to speak, write or publish whatever he will on any subject, being responsible for all abuse of that liberty; and in all suits and prosecutions for libel the truth thereof may be given in evidence, and the jury, under the direction of the court, shall determine the law and the fact. Section 11. Ex post facto laws. No ex post facto law, nor law impairing the obligation of contracts, or retrospective in its operation, or making any irrevocable grant of special privileges, franchises or immunities, shall be passed by the general assembly. Title 18 ss 241 of the US Constitution E.I.A. 1983 Reconstruction Civil Rights Act In summary, Ms. Mullen and Ms Lyon request these adaptations be made immediately by the City of TRINIDAD COLORADO and Trinidad Law Enforcement, on behalf of the citizens of the GREAT state of Texas and ALL Tourists, And that Ms Mullen and Ms Lyon be awarded $8 million dollars in compensatory damages suffered from the defendants and their activities. I. II. III. For the intentional distress to the visitors and tourists to the licensed business caused by repeated unwanted police visits. For disallowing tourists a safe haven to assemble to discreetly and privately without endangering others, enjoy their legal cannabis purchases in accordance with Colorado State law, For intentionally endangering Tourists who have legally purchased cannabis, by not publicly posting or providing information and resources about the legal possession, benefits and legal liabilities of legal cannabis. IV. V. VI. For allowing 22 recreational dispensaries within five miles of each other and providing no public or supporting no private cannabis enjoyment area. For having 22 recreational cannabis dispensaries within the Trinidad City Limits which is 13 miles from the state border of New Mexico and 160 miles from the state border of Texas and no place to smoke legal marijuana within the city of Trinidad. For closing the extant licensed cannabis smoke lounge without notice or cause and disallowing other smoke lounges to exist, without cause. District Court Las Animas County 2no E. First Street Trinidad, Colorado COURT USE oNLv July 17,2n11 Plaintiffs Kainryn Mullen Laurette Lyon Dallas, Texas san Anionio, Texas -- Owners FEED vouR HEAD SHOP us West Main 5: Colorado ulnuz NUM BER: DEFENDANTS Mayor Phil Rico Trinidad ciry Couneil (excluding Carlos anu) 135 N. A rnas sr Trinidad Colorado DIVISION Trinidad Police (excluding Cniel cnanes clorioso) Las Anirnas County DA ilenry Solallo in First St First St Trinidad Colorado Trinidad Colorado ArronuEv or Parry wiinorn Attorney Kainryn Mullen PRO sE us Main st Trinidad Colorado Dim RESOLUTION As resolution and rectification of this very important and time sens respectfully request that immediate action be taken: issue, we The City of Trinidad- REPEAL THE UNJUST MORATORIUM ON CANNABIS LOUNGES IMMEDIATELY. ALLOW FOR AS MANY CANNABIS LOUNGES AS THE LOCAL MARKET WILL BEAR. Refund the fines and fees paid by tourists since 2015 for unlawful arrests for cannabis infractions. Make every effort to clearly outline the rules and laws surrounding the use of cannabis in Colorado; in out of state media, tourist info, street signage, printed literature and all media, especially to Texas New Mexico Oklahoma and Kansas Improve the city management attitude toward the cannabis that bought them new fleet trucks and cars and pay raises to the city leaders. Provide signage in and around the city that Tr ad is Pedestrian Friendly, giving pedestrians the right of way in ANY vehicle interaction, as the pedestrian may have recently consumed cannabis. Provide a safe, scenic riverside cannabis enjoyment area. Provide cannabis container recycling cans in strategic areas; provide container recycling incentives. Provide a visible and welcoming STATE OF COLORADO Cannabis Welcome Center to fully inform and educate tourists of the benefits and hazards of cannabis, in health and in local law. Provide or support a public or private cannabis enjoyment areas for adults over 21 to enjoy their legal cannabis. Provide a traveller shelter in ALL SEASONS for those cannabis tourists hiking or camping or in need of immediate overnight shelter in dire circumstances. - IN PROPORTION TO THE AMOUNT OF MONEY EARNED FROM CANNABIS REVENUES in the city. Compensatory Damages Kathryn Mullen and Laurette Lyon request Compensatory Damages in the sum of $8,000,000.00 (eight million dollars) for: Disallowance of tourists to Colorado their constitutional right to assemble impeding of Visitors to Trinidad endeavor to “life, liberty and the pursuit of happiness” via a cannabis enjoyment lounge For endangerment and entrapment of our visitors; Strong arm tactics used to close our business displayed while guests were here Assumed criminality by out of town visitors from repeated police visits Issues created in otherwise healthy personal relationships, Healthy business reputation as a safe venue for cannabis consumption destroyed Diminished professional reputation of gift shop / cannabis lounge ownership by Ms Mullen and Ms. Lyon among their out of town visitors. And as punitive or exemplary damages from the Defendants. District Court Las Animas County 200 E. First Street Trinidad, Colorado July 17, 2017 COURT USE ONLY Plaimifls Kainryn Mullen Laureiie Lyon Dallas. Texas san Antonio, Texas -- Owners FEED vouR HEAD snoP Ms West Main sr Tri dad Colorado ainaz -- BER: nereumms Mayor Phil Rico Trinidad City Cdunail (excluding Carlos Lopez) t35 N. Animzs sr Trinidad Colorado DIVISION Trinidad Police (excluding Cniei Cnarles Glariosn) Las Animas County in Henry Solane mu 2 First si mu 2 First si Trinidad Colorado Trinidad Colorado ATTORNEY or Parry wiindm Attorney Kainryn Mullen no 52 us in Main st Trinidad Colorado aim Request for Default Judgement In the knowledge that this Notice of Claim was sent to and subsequently received by the defendants via their attorney Les Downs on the 5th of June, 2017, and no response or answer has been provided by the Defendant to the Plaintiff for over 40 days; Ms Mullen and Ms Lyon respectfully request the damages be unconditionally awarded to them by or before the 1st ol August 2017. Filed in person at State ol Colorado District Court this day July17,2017 Mullen Laurette Lyon 419 Main St Trinidad Colorado 81082 On behalf of themselves The citizens of the GREAT State ol Texas and Tourists and visitors to Trinidad Colorado District Court Las Animas County 200 E. First street Trinidad, Colorado COURT USE ONLY July 17,2n11 Plaimifls Mullen Leureale Lyon Dallas. Texas San Anion ,Texas -- Owners FEED vouR HEAD SHOP us Wesl Main 5: Tri .1 Coleman mm -- MEMBER: DEFENDANTS Mayo! Phil Rico dad city Conn (excluding Carlos anu) 135 N. St mnauae Colorado DIVISION Tn ad Police (excluding cniel cnenes Glnviosn) Lee A as County on Henry Salana "st Fivsk Tn ad Colazdo Trin'uad Colazdo ATTORNEY or Parry Wimnm Annlney Mullen mo 52 us Main s: Tnnmaa Colazdo mm