Crime and Public Safety
Attorney Ben Crump has filed a civil lawsuit against several entities on behalf of Hester Burkhalter, a 69-year-old White woman from Hickory, North Carolina, and her family. Crump said she “was wrongfully arrested and taken into custody at Walt Disney World in Orlando, Florida, for possessing federally legal CBD oil” in 2019. (WESH)
Attorney Ben Crump has filed a civil lawsuit against several entities including, The Walt Disney Co. and the Orange County Sheriff, on behalf of Hester Burkhalter, a 69-year-old White woman from Hickory, North Carolina, and her family.
Crump said she “was wrongfully arrested and taken into custody at Walt Disney World in Orlando, Florida, for possessing federally legal CBD oil” in 2019.
CBD is a natural anti-inflammatory derived from the cannabis plant.
According to Crump and a July 29 complaint, a lawsuit has been filed in the Circuit Court of the 9th Judicial Circuit in Orange County against The Walt Disney Company and a number of its executives as well as the Orange County Sheriff and a number of its deputies alleging illegal detention, false arrest and violation of civil rights. The suit requests $6 million in compensatory damages and $12 million in punitive damages for Burkhalter, as well as millions of additional dollars for her family, according to the complaint.
“The Orange County Sheriff’s Office has not been served with a lawsuit, but in any case, we don’t comment on possible pending litigation,” it said in an email to CNN on Wednesday.
CNN has reached out to The Walt Disney Co. and has not heard back.
“Defendants Disney and uniformed local law enforcement officials acting at its direction and under its authority as a Florida landowner … arrested and detained, processed as a narcotics felon and strip-searched a harmless, entirely blameless American great-grandmother, whose only ‘crime’ was her desire to lessen crippling osteoarthritic pain with a doctor-recommended hemp-based oil, while giving her family, including a disabled adult daughter and two adopted pre-teen children, an enjoyable vacation at the ‘Disney World’s entertainment complex near Orlando,” a complaint filed July 29 reads. “The disgraceful events that animate this lawsuit ‘pull back the curtain’ on the casual cruelty and unpardonable ineptitude that lie at Disney’s cold corporate heart.”
According to accounts from Crump and Burkhalter during the news conference and the complaint, Burkhalter traveled with her husband, daughter, and two adopted children, ages 8 and 10, from Hickory to visit Walt Disney World last year, a trip Crump said Burkhalter had spent over two years saving up for. After spending April 14 at various Disney parks, the family arrived at the Magic Kingdom on April 15 where the complaint says Burkhalter was asked to remove the contents of her bag while going through security. According to Crump, Burkhalter opened her bag and placed her belongings, which included a one ounce container of CBD oil, into a security bin.
During the press conference, Burkhalter told security agents she used CBD oil to treat advanced arthritis per her doctor’s recommendation. When asked if her substance contained THC, Burkhalter said she did not know, although the bottle read 0% THC, according to the complaint.
A sheriff’s deputy then tested the substance twice, getting a negative result the first time and positive result the second time, according to the complaint.
According to Crump and the complaint, Burkhalter was then separated from her family and placed under arrest for felony drug possession. She was subjected to drug sniffing dogs, vomited during transport, and requested and was denied medical care, the complaint alleges. When Burkhalter arrived at the detention facility, she had her mug shot taken and was then escorted to an adjacent room “where she was instructed by other officers to strip naked and to ‘bend over’ for a body cavity search,” according to the complaint.
“It was the most humiliating day of my life,” Burkhalter said during Wednesday’s news conference.
Crump, who is representing the family of George Floyd, a Black man killed by police in Minneapolis, in a separate lawsuit, brought up Floyd’s verbalized anxiety as police officers tried to force him into the back of the car shortly before his death. Burkhalter said she too told police officers that she could not breathe.
“I even told them that I could not breathe before I finally got out,” Burkhalter said. “I felt like I was going to pass out and I started throwing up and the only comment was that one officer who said, ‘She’s throwing up,’ like it was no big deal. I don’t understand it.”
Crump said they have asked Disney for an apology which, according to Crump, it has not given. Crump said the Orange County Sheriff’s Office has been mostly silent except in trying to “defend their indefensible actions.”
Burkhalter’s son posted bail on April 15, 2019, and she was released shortly after midnight, ending a nearly 15-hour “ordeal,” according to the complaint. The Burkhalters were then told if they tried to go back on Disney property, they would be arrested for trespassing, a restriction lifted in a May 9, 2019 letter to her attorneys from Disney security, according to information disclosed during the news conference.
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‘I Can’t Breathe,’ 69-Year-Old Woman Says During Disney World CBD Arrest
Police released body camera footage on May 21, 2019, of a 69-year-old woman being arrested at a Florida amusement park for possessing cannabidiol (CBD) oil without a state medical cannabis card.
Hester Burkhalter, a grandmother who suffers from arthritis, was arrested after an off-duty Orange County sheriff’s deputy discovered the oil in her purse at a checkpoint at Walt Disney World’s Magic Kingdom in an April 2019 case that made news around the world.
The newly released video shows Burkhalter being handcuffed and placed in the back of a patrol car, where she began to feel claustrophobic and said, “I can’t breathe. I feel like I’m going to pass out.” One deputy said that she threw up, according to WKMG-TV , Orlando’s CBS affiliate.
Burkhalter, who said her doctor in Tennessee recommended CBD , later spent 12 hours in custody and was released on $2,000 bond.
Burkhalter requested to be transported to the jail alone, as opposed to being transported along with another individual who was arrested for possession of a cannabis vaporizer , and a deputy made a call to accommodate her. She was allowed to be taken to the facility in the front seat of a separate patrol car.
“The older female said she gets claustrophobic and feels like she’s going to pass out, and wants somebody else so she can go by herself,” the deputy said on a call.
Once she was in the front seat with the air conditioning on, she said she felt better and thanked the deputy.
“I couldn’t breathe back there,” she reiterated.
When the arrest was first reported, reform advocates condemned the park and the Orange County Sheriff’s Office for subjecting an older woman to an arrest on a family vacation for simple possession of a non-intoxicating compound that is known to treat pain and inflammation.
CBD is legal for medical purposes in Florida , but individuals must be registered to possess medical cannabis in the state. Hemp -derived CBD was federally legalized under the 2018 Farm Bill, though the Food and Drug Administration (FDA) has not yet developed regulatory guidelines allowing for its lawful marketing as a food item or supplement.
Prosecutors dropped the charges against Burkhalter earlier in May 2019, finding her case unsuitable for prosecution. She’s since announced plans to file a lawsuit against Disney and the Orange County Sheriff’s Office.
“Horrific treatment that they placed upon this church-going, law-abiding grandmother,” her lawyer said at a press conference.
In a similarly confounding recent case, a 72-year-old woman was arrested at a Texas airport after security discovered CBD oil. She was charged with a felony that carried a maximum sentence of 20 years, and she stayed in custody for two days.
“To be honest, I did not even think about the possibility of my CBD being illegal or being challenged,” said Lena Bartula, who was going to visit family in Oregon . “It is such an integral part of my wellness that it got thrown into my bag along with vitamin C and oregano oil.”
“Had I thought about it, I would have remembered that I could buy it in Portland,” she said.
The charges in that case were also dropped about two months after the arrest.
In other recent cannabis enforcement action called out as excessive by reform advocates, Missouri police officers searched through the belongings of a man with stage IV pancreatic cancer in March 2019 after a security guard reported the smell of marijuana.
The officers found nothing, but video footage of the search sparked public outrage over the harassing behavior of the officers toward a sick man who said he does benefit from medical cannabis.
Meanwhile, Florida crackdowns continue. In Miami, on May 21, 2019, the Associated Press reported that Phoenix Suns center and forward Richaun Holmes, 25, and former Brooklyn Nets forward James Webb III, were arrested for misdemeanor possession of cannabis after a Miami-area traffic stop. Authorities said they found a recently used marijuana joint inside their vehicle.
Feature Image: Disneyworld in 2010, photo courtesy of Jorge Royan on Wikimedia
This article was republished from Marijuana Moment under a content syndication agreement. Read the original article here .
Great-grandmother with CBD oil arrested at Disney World
Disney World may be the most magical place on Earth, but it turned into a legal nightmare for a great-grandmother with arthritis.
A 69-year-old woman was arrested at a Disney World checkpoint when an Orange County Deputy found CBD oil in her purse. She then spent 12 hours behind bars before being released on a $2,000 bond.
Hester Jordan Burkhalter, a great-grandmother from North Carolina, began using CBD oil for her arthritis after her doctor recommended it, Fox 35 in Orlando reported. She even had a note from the medical professional in her purse at the time of arrest, but it didn’t matter.
Burkhalter told Fox 35 that she had been planning on the trip for two years. “I have really bad arthritis in my legs, in my arms and in my shoulder,” she said. “I use (CBD oil) for the pain because it helps.” When she was stopped by security outside of the Magic Kingdom, however, she was arrested. “I’ve never had one speeding ticket in my life.”
Despite the fact that it’s sold on store shelves across the state, CBD oil is still technically illegal in the state of Florida (unless the user has a prescription). This has created a confusing situation in the Sunshine State.
Jennifer Synnamon, a Florida attorney, told Fox 35, “a little drop of oil, with the CBD, is a felony. Meanwhile, you can have up to 19.9 grams of leaf-marijuana, and it’s a first-degree misdemeanor.”
While the Orange County Sheriff’s Office told Fox 35 that their deputy was just following the law, the charges against Burkhalter were eventually dropped.
In a statement provided to Fox News, Burkhalter’s lawyer Jennifer Synnamon said “I’m very disappointed that the Orange County Sheriff’s Office handled the situation the way they did. Why Sheriff Mina would support his deputies using their resources for a CBD oil arrest of a 69-year-old woman, but then won’t do anything about the gas stations, health food stores, drug stores, etc. that are selling it to the open public is absolutely beyond my comprehension. The State of Florida finds nothing wrong with collecting the sales tax on illegal products, but they allow prosecution for possession of the same. I want to commend Aramis Ayala’s office for reviewing the case and swiftly determining that they would not prosecute.”
UPDATE: The Orange County Sheriff’s Office provided Fox News with the following statement: “This was a lawful arrest, as possession of CBD oil is currently a felony under Florida State Statute and Deputies are responsible for enforcing Florida law and Orange County ordinances. Although CBD oil is illegal without a prescription, our top drug enforcement priority and focus at the Orange County Sheriff’s Office is to get deadly drugs, like heroin and fentanyl, off the streets of our community.”
Michael Hollan is an associate lifestyle editor for Fox News Digital. Story tips can be sent on Twitter: @M_Hollan