NEW YORK (PIX11) -- More than two dozen smoke shops and convenience stores accused of selling marijuana without a license have filed a federal class action lawsuit against the city of New York.
The suit alleges the city has violated their constitutional right to Due Process.
Changes enacted in this year’s state budget and the city code have given the Sheriff’s Office the power to declare the shops an imminent threat to the public health, issue a fine and close them immediately for up to a year.
Over 350 stores recently shut down under "Operation Padlock to Protect." They remain closed pending a hearing.
"They're almost being found guilty without ever having seen a judge." Attorney Lance Lazzaro of Brooklyn, who filed the lawsuit, told PIX11 News that "there's no right of confrontation, they allow hearsay evidence, and you never hear from any of the officers that conducted the search."
In response to the lawsuit, a City Hall spokesperson said in a statement:
“The Adams administration has been clear that the purpose of ‘Operation Padlock to Protect’ is to close down illegal cannabis and smoke shops to protect New Yorkers and better support the legal market by allowing justice-impacted and other legal cannabis business owners to thrive. With over 350 shops sealed thus far, we have made progress to protect our communities from dangerous, illegal products while helping to create a path to a thriving legal market.”
City Hall spokespersonEllis Soodak, the owner of the legal cannabis shop Verdi, said business has picked up since the city's crackdown began.
"It's completely ridiculous. If this was in the liquor business, or if they're selling guns without a license, they'd be shut down instantly. They're opportunists that came in, and they tried to make a quick buck," Soodak told PIX11 News.
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