LAKE FOREST – Four Orange County patients — who last week lost their request that a federal judge issue a temporary injunction preventing Lake Forest and Costa Mesa from shutting down marijuana dispensaries in their cities – are taking their case to the 9th Circuit Court of Appeal.

“We are appealing the case,” said Matthew Pappas, a Mission Viejo attorney representing Marla James, Wayne Washington, James Armatrout and Charles Daniel.

According to John Pappas, a paralegal working with Matthew Pappas, the reporter’s transcript for the appeal has been ordered and is in the process of being completed.

Matthew Pappas said the appeal will be filed this week.

“We reviewed the law and we clearly think it is in favor of the patients,” said Pappas. “It is a situation where we believe the 9th Circuit Court will agree with our position.”

The four patients, who are using medical marijuana dispensaries in Lake Forest and Costa Mesa, argued through Pappas that the Americans with Disabilities Act gave disabled people a federally protected right to use medical marijuana if such use is legal under state law and done with appropriate supervision.

The four had asked the court to temporarily prevent the cities from taking any further action against medical marijuana collectives; bar the cities from violating the rights of qualified people under the ADA; award damages for past actions in violation of the ADA; and award attorneys’ fees.

Pappas argued his clients would suffer irreparable harm absent a preliminary injunction against the cities.

In his ruling on made public on May 3, U.S. District Court Judge Andrew Guilford’s ruled in favor of the cities.

In his judgment filed April 30, he concluded: “At this stage, the court agrees with defendants. Marijuana is a Schedule I controlled substance under the Controlled Substances Act, and under that Act, it currently has no medical purpose.”

Jeffrey Dunn, who represented the city of Lake Forest in this case, calls Pappas’ decision to go forward “disappointing.”

“The plaintiffs’ claims are without any legal support and it is costly to the city to defend this,” he said.

Contact the writer: 949-454-7307 or eritchie@ocregister.com