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Europe: Dutch Court Throws Out Maastricht Coffee Shop Ban on Foreigners

A district court judge in the Dutch border city of Maastricht Tuesday overturned a municipal ordinance ordering coffee shops to refuse to serve foreign clients, according to reports compiled by NIS News. The city had imposed the ban as an experimental measure in 2005, in part to appease the neighboring Belgian, French and German governments, who complain that their citizens go to Holland to score, and in part to appease conservative Justice Minister Peit Hein Donner.

http://stopthedrugwar.org/files/maastricht-coffee-shop.jpg
downstairs of a coffee shop, Maastricht (courtesy Wikimedia)
One coffee shop was shut down for three months in 2006 because it did not follow the ban on foreigners. But it reopened three months later.

In the meantime, a legal challenge to the ordinance wound through the courts. Now, a Dutch judge has ruled that because the sale of marijuana is legal in practice under Dutch law, ordinances barring foreigners from partaking in that legal activity amount to discrimination by nationality, which is banned by the Dutch constitution unless there are objective, reasonable grounds to justify it. The judge held that no such grounds exist in the present case.

As a Dutch city bordering neighboring countries where marijuana policies are not so relaxed, Maastricht has been the locus of numerous battles over marijuana sales. Just three weeks ago, courts ruled against its bid to set up coffee houses on a designated strip on the city's outskirts to mitigate congestion from foreign "drug tourists."

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