A law in New York City that has been used to close more than 1,200 shops violates constitutional rights, a judge has ruled.
The law lets the Office of the Sheriff of the City of New York immediately padlock businesses suspected of illegally selling marijuana products. After an administrative hearing, the sheriff can order the business closed for one year, even if the administrative arbiter recommends against it.
“If the final arbiter has the authority to confer no weight to the hearing, there is no real meaningful ‘opportunity to be heard,’ which vastly increases the risk of erroneous deprivation and raises a due process concern,” New York Supreme Court Judge Kevin Kerrigan said in the Oct. 29 ruling….