cannabisnews.com: Suit Dropped in Fight Over Marijuana Suit Dropped in Fight Over Marijuana Posted by CN Staff on December 16, 2002 at 08:14:06 PT By Peter Franceschina, Staff Writer Source: Sun Sentinel A Tamarac stockbroker who is provided medical marijuana by the federal government is dropping his lawsuit against Delta Air Lines, filed last year after the carrier wouldn't allow him on a flight without first obtaining permission from the states he would flying over to carry the drug.Irvin Rosenfeld, 49, said he must drop his case because a federal appeals court in Atlanta ruled that citizens can't file private suits against airlines under the Air Carrier Access Act, created to guarantee access to flights for people with disabilities. The appeals court ruled that complaints about violations of the act must go through the federal Department of Transportation. Rosenfeld filed suit against Delta after being told he couldn't get on a March 2001 flight out of Fort Lauderdale-Hollywood International Airport to Washington D.C., where he was to attend a U.S. Supreme Court session on medical marijuana. Although he had flown Delta a number of times before, he said a Delta worker told him he could not board with his canister of government-supplied cannabis.He was forced to take another carrier, and he said he asked Delta for an apology and to pay for that ticket. Getting no satisfaction, he filed suit several months later. Delta's attorney couldn't be reached for comment on Friday.Rosenfeld's suit was stopped in its tracks when the 11th U.S. Circuit Court of Appeals in Atlanta, hearing a different case, ruled in October that complaints must be handled administratively by federal transportation officials because Congress didn't say lawsuits could be filed under the act."The suit is squashed, which is a shame because we had them dead to rights," Rosenfeld said on Friday from New York, where he testified before a state legislative committee considering the issue of medical marijuana use.Rosenfeld , who fought 20 years ago to get the federal government to approve the medical use of marijuana, is one of seven patients in the country receiving their prescriptions through the program.Rosenfeld -- who suffers from a rare bone disease that causes tumors but finds pain relief smoking marijuana -- said he will pursue a complaint with the Department of Transportation."I'll fight the government myself. Look, I took the government on in the first place to get medical marijuana," he said. "Every airline has let me on a plane." Source: South Florida Sun Sentinel (FL)Author: Peter Franceschina, Staff Writer Published: December 15, 2002 Copyright: 2002 Sun-Sentinel Co & South Florida Interactive, Inc.Contact: letters sun-sentinel.comWebsite: http://www.sun-sentinel.comRelated Articles & Web Site:Medical Marijuana Information Linkshttp://freedomtoexhale.com/medical.htmLegal Pot-Smoker from Boca Sues Airline http://cannabisnews.com/news/thread11507.shtmlPot User Wants Paybackhttp://cannabisnews.com/news/thread11500.shtmlLegal Pot Smoker Wants Apology from Delta http://cannabisnews.com/news/thread10622.shtml Home Comment Email Register Recent Comments Help Comment #2 posted by Ethan Russo MD on December 16, 2002 at 09:37:53 PT: Irvin I knew about this last week after speaking to Irvin. He is extremely disappointed that he was unable to right this injustice. Hopefully he will be able to pursue it through the government itself.We the people, have few, if any, remaining rights. [ Post Comment ] Comment #1 posted by knox42897 on December 16, 2002 at 08:55:00 PT: WE ARE AT WAR!!!!!!!! "I'll fight the government myself. Look, I took the government on in the first place to get medical marijuana," he said. There is no surrendering, fight until we drive the nazi'schizo's into the sea!!!!! [ Post Comment ] Post Comment