Lawsuit To Stop Harlem Weed Shop Opening Near Apollo Dismissed

HARLEM, NY — A lawsuit filed by a Harlem business group to stop a proposed weed dispensary from opening across the street from the Apollo Theater on West 125th Street was tossed out by a judge this week, but the organization is still optimistic about the case.

In April, the 125th Street Business District Management Association filed a legal challenge hoping to block the retailer, Gotham Buds, from opening a pot shop at 248 W. 125th St., which it says is too close to the iconic Apollo Theater and several schools.

Instead, the business district suggested opening the shop on the plaza of the state building on 125th Street and Adam Clayton Powell Jr. Boulevard, where it could be monitored by state troopers.

On Monday, Judge Shahabuddeen A. Ally of the Supreme Court of New York, dismissed the lawsuit saying that the decision would be "premature," given that:

• Full licensing process has not yet been completed.
• Community Board 10 has not yet provided its formal notice on the proposed location.
• A compliance check of the site has not been completed.
• Final Approval Letter has not been granted for the business.

"Based on the foregoing, the Court finds that respondents have demonstrated that the matter is not ripe for judicial review and that this action is therefore premature," Shahabuddeen wrote. "As such, the Court is precluded from considering petitioner's application on the merits."

Shahabuddeen added that Harlem Community Board 10 should get the chance to express its opinions on the proposed dispensary, which is something they've already done, but not in an official recommendation.

In a January Community Board 10 meeting, many residents spoke out against bringing a new weed retailer to the already-busy 125th Street.

"We've been fighting for a long time to clean up the 125th Street corridor," one speaker said during the Community Board 10 meeting at the time. "It's not about being anti-cannabis, it's about being anti where you've proposed to put this dispensary."

Despite the lawsuit getting dismissed, Daniel Blumenstein, the attorney representing the 125th Street Business District Management Association told Patch that there was optimism from how the legal proceedings played out and the amount of interest it garnered.

“After careful deliberation, the Court dismissed the case due to what was deemed an early stage in the licensing process," Blumenstein said. "However, rather than closing the door entirely, the Court highlighted the potential for future opportunities to present the arguments before the Court."

"This decision has left the community with renewed optimism, as it signifies a chance to present the case again in the future," he added. "It serves as a reminder that the wheels of justice continue to turn and provide avenues for redress."

If the BID's next steps to halt the opening fail, Gotham Buds — a luxury clothing retailer that also produces hip-hop and sells cannabis accessories — will open at the address.

Gotham Buds currently has a posted event for its dispensary's soft opening at the Harlem address for August 11.