Ex-public works director sues over medical marijuana firing
By Matt Blanchette
@mattblanchette
A former Foster town employee is now suing after he says he was fired for no reason. He’s accusing the town of violating the Americans with Disabilities Act and the state’s medical marijuana law.
After nine months on the job former foster Director of Public Works Robert Hohler was terminated by the town council, He says it was without warning or reason.
A licensed medical marijuana user, Hohler is now suing the town. On December 12, 2013 the Foster Town Council voted unanimously to terminate Hohler after nine months on the job.
“The town never gave him any specific reason first for his suspension and for his subsequent termination,” Hohler’s attorney, Stephen Fanning said. He says his client was never made aware of any issues with his job performance.
But then the plaintiffs allege, Hohler, a licensed medical marijuana user, was asked to take a drug test. It was as a result of that Fanning says that the town found out the reason Hohler was licensed to have marijuana.
“That in fact when the town learned that he had certain impairments, they were further motivated to dismiss him,” Fanning says.
Hohler had suffered a serious car accident in which he lost a kidney and his spleen, that also left him with chronic pain. In a federal complaint, Hohler and Fanning say the town of Foster is in violation of both the Americans with disabilities act and the Edwards O’Hawkins and Thomas C. Slater medical marijuana act.
Numerous attempts to reach both the town and its attorneys were unsuccessful on Monday.
What this case may boil down to in court is state law vs. federal law because marijuana is still illegal in all forms federally.
“A case of this nature really could have really far reacting significance not only in Rhode Island but potentially across the country,” Fanning said.
Hohler is asking for lost wages and damages as well as a return to his former job. egalLly, the town is not required to give a reason for termination, but his lawyer says given the public nature of his former position and his job performance Mr. Hohler feels he deserves one.
