The owner of Sleeping Giant Caregivers, a medical marijuana provider, has filed a complaint against the city of Helena asking a district court judge to determine that a caregiver is not a business as defined by the city’s code.

According to Paul Schmidt, he was unfairly cited for operating a business without a license in August. Schmidt argues that he is registered with the state as a caregiver and therefore cannot be regulated by the city.

Helena ordinance prohibits trade that violates federal law, including marijuana.

Schmidt filed against Helena and David Nielsen, Helena city attorney, on Friday.

Schmidt’s attorney, Chris Lindsey, said caregivers, including his client, have contacted the city in order to obtain a business license and were denied.

Lindsey said his client received a cease-and-desist letter with a short timeframe and then was soon cited.

“This is a classic gray area,” he said. “We need a judge to tell us what it means.”

Nielsen said the city is very protective of its governing powers.