A local woman filed a court case on July 25th regarding the constitutionality of Measure N.
The Record Bee says, During the June 5 election, Measure N passed with a majority vote of 51.6 percent yes and 48.4 percent no.
The case was filed by plaintiff Gail Bennett-Wofford of Upper Lake. Defendants include the Lake County Board of Supervisors, the Lake County Sheriff’s Office and Sheriff Frank Rivero.
The case is in regard to warrantless entry of private property.
According to court documents, Bennett-Wofford claims that the measure infringes on “her rights to private land. She also “contends that the ordinance is inconsistent with the state and federal Constitutions, in that it seeks to take private property” without due process or compensation by seeking “to criminalize private non-commercial behavior.”
Some of her property in Upper Lake is used grow and cultivate “holistic medicine” for six family members with prescriptions. Under the new ordinance, She claims law enforcement is authorized to enter private property without a warrant.
According to court documents, the measure “stands as a testament to the art of control through confusion, conflation and misdirection.”