Tough New Tobacco Regulation Belies Emeryville's Lax Marijuana Regs
Bauters Donor Ohana Cannabis Enjoys Lofted Status
News Analysis
Buoyed by data from the American Cancer Society and a push by Council member John Bauters at the March 19th City Council meeting, the City of Emeryville moved to toughen up its anti-tobacco policies with the introduction of a new ordinance making it a crime to sell tobacco products within 1000 feet of any park, playground or ‘youth oriented facility’ including schools. Marijuana retailers however, face much less restriction in Emeryville, even though its connection to lung disease including cancer, like tobacco, is undisputed. A major seller of cannabis in the City, Ohana Cannabis, enjoys a central location on Peladeau Street, directly on one park and less than 1000 feet from at least two other parks, a playground and a school. Ohana is also a major contributor to Mr Bauters’ election campaigns.
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| Large Billboard for Ohana on Powell Street Legal and perfectly fine for children. |
Ohana is a large corporate cannabis retailer with several locations throughout California and has been a major contributor to Mr Bauters’ election campaigns including his current campaign to become an Alameda County Supervisor. California election campaign law forbids any special treatment towards corporate donors by elected officials of course, but it is noteworthy that Ohana has received very favorable treatment from John Bauters and the City of Emeryville.
Emeryville has determined that marijuana sales are not appropriate near youth oriented facilities including schools or parks and the municipal code forbids any dispensary to be located within 250 feet. In 2020 however, Ohana, moving to their current location at 5770 Peladeau Street, requested and received a waiver from Emeryville’s prohibition against dispensaries located near parks. The City considers the Emeryville Greenway to be a park and Ohana is located directly on the Greenway, specifically the ‘Peladeau Park’ section. Getting around the 250 foot law and approving the deal, the City Council found, “The Greenway, by its design, is not meant to serve all age groups” and therefore it is unlikely to have children present, according to the October 22nd staff report. And with that finding the Council approved Ohana for that site.
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| Billboards for Tobacco: Illegal Dangerous for children. |
The Peladeau Park section of the Greenway, completed in 2018, was built as a “gathering/picnic area with a plaza, pathways, synthetic lawn and play area” according to the City’s website. The City constructed the park with $800,000 in California State Parks and Recreation funds as well as funds from Emeryville's Park and Transportation Impact fees. Nothing was made so as to preclude children from using the park because to do so, Emeryville would run afoul of the law that requires public parks to be made for all people.
And thus, the power of the business lobby is revealed.
Ohana is using its resources to help it conduct business like many other businesses do. The law in Emeryville reflects the lobbying efforts of favored businesses and so whereas shops selling tobacco will not be allowed to be within 1000 feet of places where children congregate, marijuana sellers must have a 250 foot buffer and Ohana with its political campaign donations, specifically, no buffer at all. The children don't have a lobby.
By law, the money given to Council member Bauters over the years can have no relationship to any favorable treatment of Ohana Cannabis, as everyone knows.
Council member Bauters did not return calls for this story.
Shouldn’t the requirements be as strict or more for marijuana?
ReplyDeleteUpside world for sure on this one
The data is in on the effects of cannabis use. The industry is about to be rocked. It's not good near public parks and school areas. Without a strong Emeryville Chamber of Commerce, it's every Biz for him/herself to pay our local officials through donations for their needs.
ReplyDeleteNasser Azimi, the founder and CEO of Ohana, is an Iranian national who immigrated to the United States as a high school student. Seems curious that Councilperson Bauters is so comfortable accepting funding from an Iranian national who may not have America's best interests at heart. Talk about dark money in politics...
ReplyDeleteHey hey hey hey…smoke weed everyday!
ReplyDeleteObviously the children need a lobby. Like Clint Eastwood as William Munny said after a witness exclaimed "you just shot an unarmed man!", Munny responded "He should have armed himself".
ReplyDelete"Iranian national" is a hobgoblin of boogaloo minds who hate folks what ain't like us decent law-abiding congress rioters.
ReplyDeleteYou say the city said “The Greenway, by its design, is not meant to serve all age groups” . You say that's in city documents. I can't find it. I find it hard to believe the city would say that.
ReplyDeleteGo to the City's website search bar and enter: Ohana October 22, 2020. It's in the staff report to the Planning Commission (and City Council by extension) about the Ohana move to the Greenway location.
DeleteTo equate the health consequences of Marijuana to that of Cigarettes is right out of the mouth of the Tobacco lobby and is grossly inaccurate. More importantly, it is the second hand smoke which is the driving factor here.
ReplyDeleteI think you're missing the point here. The City of Emeryville says marijuana smoke is bad. So bad, it can't be within 250 feet of children or a park. But Ohana, a major donor to John Bauters, gives money to his election campaign and it gets to be right on a park. The City, scrambling to justify it, throws the whole undergirding philosophy for the Greenway under the bus. It's a stark illustration of the power of money in politics. Mr Bauters and Ohana are the winners and Emeryville's public policy is the loser.
DeleteIt sounds like you're now going after Ohana because Bauters is your latest favorite target. They've been there for years, why are they now all of a sudden the boogeyman?
ReplyDeleteIt’s true Ohana has been donating to Council member Bauters for years but they dramatically expanded it recently when he announced his run for County Supervisor. That is newsworthy. People have a right to know if their public policies are for sale. The tobacco angle highlights the pay-to-play nature of this kind of politics. Mr Bauters is a “favorite target” as you say because starting a couple of years ago, he began conspicuously working for corporate developers instead of us. It’s OK to have a politician work for developers as long as the people who vote for him know that’s what they are getting but Mr Bauters did not reveal that at election time. Politicians that do that kind of thing are held to account by the Tattler.
DeleteWho has more bad donors, Bauters or Bas?
ReplyDeleteI haven't looked into the Bas campaign. The reason? It's in the masthead of the Tattler: 'The Emeryville commons from the resident's perspective'.
DeleteTo your other point, I am not positing that Ohana is 'bad'. They're just looking out for their corporate interests (as many businesses in Emeryville do). If the influential Councilman John Bauters will take the money and help Ohana, then that was money well spent, I'd say. The problem is not with the corporation, the problem is with the influence peddled by Mr Bauters that is counter to the resident's interests. How do we know it's counter to our interests? Because of the prohibition against cannabis retailing within 250' of a park. That's our official democratically vetted public policy.
Ok, but your writing tone makes it seem that you think they are “bad” for our community. Honest question, does anybody else read your work before you publish?
ReplyDeleteNo, I'm agnostic on Ohana or any other cannabis dispensary. Like every other business, they are here at our pleasure and they are welcome so long as they are helpful to the community.
DeleteThere are some bad corporations in Emeryville. Like the former CVS Pharmacy. They used to routinely lock the fire door exit, putting the public in harm's way. In addition they violated the agreement they made with the Planning Department vis a vis their parking lot location when they built the place. There have been other bad corporate players in town like the Bay Street Mall owners (formerly Madison Marquette). The bad faith dealings there are too numerous to list here.
Before publishing, other than the copy editor, I usually don't reveal Tattler stories to anyone. Occasionally interviewees will be given a taste of what the story will be about ahead of publishing.
Does this Mr X really exist? And does he maybe help you shape the tone of your stories? You kind of seem like a one man band.
DeleteYes, Mr X does exist. He writes some stories himself and he only copy edits some. He has been with the Tattler from day one. Some stories he has no connection to at all (the ones written by me that generally contain bad grammer or are not as well written...I was an art major, what can I say?). Additionally, former Council member John Fricke is also a contributor. We welcome guest writers who sometimes do straight news stories and sometimes guest editorials. Because the Tattler is not monetized (and never will be), nobody gets paid and the people who help are all motivated by a desire for public information dissemination and government accountability as I am.
DeleteI know it has nothing to do with your article, but I go to Ohana all the time and they have the best customer service I’ve ever had anywhere. From the security to the staff, they are the nicest people, always very courteous.
ReplyDeleteYou go to Ohana all the time because you work there.
DeleteWoah, calm down. I go there all the time because I like to smoke marijuana. They also have a nice staff. They could also have an evil Iranian national that donates to the evil ex-mayor. All could be true. All I’m saying, independent of Brian’s article, is that their predominantly black and brown staff are really good at customer service.
DeleteI have no faith in the City of Emeryville. They always favor businesses over the residents and even their own codes and zoning laws that were designed to protect everyone who lives here. Our city needs some serious council members who will do the will of its residents no matter what.
ReplyDelete