Peter
McWilliams
Sues
Attorney
General
for
Failure
to
Enforce
Prop.
215
10/09/98
AIDS patient and recent cancer survivor Peter McWilliams filed a lawsuit in Los Angeles this week, requesting that the Superior Court order California Attorney General Lungren to uphold his Oath of Office and fulfill his duties under the California Constitution concerning Proposition 215. The suit asks for no monetary damages, but asks the judge to instruct Attorney General Lungren, the Republican candidate for Governor, to fulfill his Oath of Office to "support and defend the Constitution of the United States and the Constitution of the State of California against all enemies, foreign and domestic." The suit charges Lungren with four breaches of the California Constitution: 1. The California Constitution, Article III Section 3.5 (c) states: "An administrative agency...has no power... (c) To declare a statute unenforceable, or to refuse to enforce a statute on the basis that federal law or federal regulations prohibit the enforcement of such statute unless an appellate court has made a determination that the enforcement of such statute is prohibited by federal law or federal regulations." No such determination has been made to date. 2. The California Constitution, Article III Section 3 states: "The powers of state government are legislative, executive, and judicial. Persons charged with the exercise of one power may not exercise either of the others except as permitted by this Constitution." The suit argues that Lungren overstepped his executive-branch duties and acted both judicially and legislatively by giving his own extremely narrow and limited interpretation of Proposition 215 the full force of law. 3. The California Constitution, Article V Section 13 states: "It shall be the duty of the Attorney General to see that the laws of the State are...adequately enforced." The lawsuit argues that Lungren has inadequately enforced Prop. 215, now the California Health and Safety Code Section 11362.5, which is meant "To ensure that seriously ill Californians have the right to obtain and use marijuana for medical purposes... To ensure that patients and their primary caregivers who obtain and use marijuana for medical purposes upon the recommendation of a physician are not subject to criminal prosecution or sanction... To encourage the federal and state governments to implement a plan to provide for the safe and affordable distribution of marijuana to all patients in medical need of marijuana." 4. The California Constitution, Article V Section 13, states: "It shall be the duty of the Attorney General to see that the laws of the State are uniformly... enforced." The lawsuit compares Lungren's vigorous defense of affirmative-action-ending Prop. 209, which AG Lungren personally supported, with his open suppression of Prop. 215, a bill he opposed, which passed in the same election. McWilliams is calling for the impeachment of Attorney General Lungren, based on the allegations in the lawsuit. A web site with further information has been established at http://www.lungrendoyourduty.com. Press inquiries should be directed to Ed Hashia at (213) 650-9571 x125.
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