Marijuana advocates fight proposal to ban pot shops near dog parks

SEATTLE — Josh Berman has owned a medical marijuana dispensary since 2011 in Belltown and he may be forced to shut down if the city council passes a new ordinance.

It would reduce the buffer that allows pot shops to open near parks from 1000 feet to 500 feet. However, the ordinance also defines dog parks as parks, too.

The state has set the limit at 1,000 feet from any park. David Ham explains the ordinance on KIRO 7 News at 5:30 p.m.
 
The City Council is voting on a proposal to reduce it to 500 feet on Jan. 11.
 
Berman's shop, PDA Lounge, is right next to Regrade Park, an off-leash dog park in Belltown.
 
"This park doesn't fit that definition of what a true park is in the eyes of a city," said Berman.
 
However, the city argues Denny Regrade Park is a park first and off-leash area second.
 
"We consider that a park for rest and recreation like any of our other parks, so it clearly fits the definition for what the state provides for what is a park," said Susan Golub, Seattle Parks and Recreation policy unit manager.
 
"Our goal at this location is to help ease the burden on this neighborhood on the high level of drug trafficking that exists in this region that everyone is well aware of," said Berman.
 
According to the Washington Administrative Code 314-55-005:
 
20) "Playground" means a public outdoor recreation area for children, usually equipped with swings, slides, and other playground equipment, owned and/or managed by a city, county, state, or federal government.
 
(21) "Public park" means an area of land for the enjoyment of the public, having facilities for rest and/or recreation, such as a baseball diamond or basketball court, owned and/or managed by a city, county, state, federal government, or metropolitan park district. Public park does not include trails.
 
"WAC 314-55-010(21) contains specific language that instructs the LCB to consider areas traditionally used for public enjoyment as parks; such as baseball fields and basketball courts. Where there's a question about a space under a city's jurisdiction, LCB staff have deferred to the local authority's interpretation. It's disingenuous for the City to punt it back to the State and claim their hands are tied. A concrete slab where dogs use the restroom isn't a place of public enjoyment," according to Ryan Agnew, attorney for PDA Lounge.
 
Brian Smith, spokesperson for the Washington State Liquor and Cannabis Board, says that a "stand-alone dog park doesn't necessarily meet the other criteria. Cases vary and we'd have to review."
 
Jim Gossett brings his chocolate Lab to Denny Regrade Park and agrees it's simply a dog park.
 
"I can't imagine people just hanging out, just because it's stressful and covered in dog waste," Gossett added. "I think that's kind of silly, to be honest. I don't see a reason why you couldn't sell pot within 500 feet from here."

“Seattle Parks and Recreation doesn’t have any authority or purview to make an exception just because there happens to be an off leash area,” said Golub.

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