Winnipeg Free Press

Winnipeg Free Press (Newspaper) - February 12, 2014, Winnipeg, Manitoba C M Y K PAGE B4 BUSINESS EDITOR: SHANE MINKIN 204- 697- 7308 business@ freepress. mb. ca I MARKET DETAILS B5 I winnipegfreepress. com WEDNESDAY, FEBRUARY 12, 2014 B 4 LOS ANGELES - The brains behind the " Dumb Starbucks" coffee shop generated a lot of buzz with the publicity stunt - but they couldn't outwit health inspectors, who shut the store on its fourth day for operating without a valid permit. The Canadian television comedian who opened the shop, where people lined up for hours to get a free cup of mediocre coffee, had insisted he didn't need a permit because the space was legally an art gallery and the coffee was art, not a beverage. Los Angeles County health inspectors disagreed and by Monday afternoon told the shop to stop serving coffee before posting a " notice of closure" by the front door. The store had survived the weekend - as had the secret of who was behind it. That lasted until comic Nathan Fielder told a crowd Monday afternoon he was pursuing the " American dream," before acknowledging he planned to use the bit on his Comedy Central show Nathan For You . Patrons didn't seem to mind, snapping pictures in front of a green awning and mermaid logo that seemed so familiar - except the word " Dumb" is prominently featured. They weren't coming for gourmet fare: Their descriptions of the coffee ranged from " horrible" to " bitter," and one parent said his daughter complained the hot chocolate was like water. Instead, they were just coming to say they came, and to score a white paper cup with a sticker bearing the curious logo. Before the rush of the past few days, production crews came to the location several times to film, according to permits taken out with Film LA, a private non- profit that issues the licences. The permits were billed to Abso Lutely Productions, which has produced Fielder's show. Once opened, Dumb Starbucks caught the attention of the real Starbucks. " While we appreciate the humour, they cannot use our name, which is a protected trademark," Laurel Harper, a spokeswoman for Seattle- based Starbucks Corp., said in an email. At the front counter, a sheet of frequently asked questions said the store was shielded by " parody law." " By adding the word ' dumb,' we are technically ' making fun' of Starbucks, which allows us to use their trademarks under a law known as ' fair use,' " the sheet said. One law professor suggested Dumb Starbucks needed to sharpen its legal theory. " Fair use" can protect parodies of copyright material, but a trademark such as the logo has different protections that Dumb Starbucks may well be violating, said Mark McKenna, a trademark law expert at the University of Notre Dame. - The Associated Press Dumb Starbucks creation of Canadian comedian By Justin Pritchard HEAD shops will be banned from operating near schools if a civic committee has its way. Councillors on the protection and community services committee on Monday instructed the administration to review procedures that would, through zoning regulations, control retailers selling drug paraphernalia. " I don't have a problem with them operating, but having them close to schools is sending a message to school- aged children that we condone the drug lifestyle," Coun. Ross Eadie said. Eadie said the so- called head shops - legitimate retailers whose inventory includes materials used in the enjoyment of marijuana, including rolling papers and pipes of various designs - used to be located in the downtown area. He said more and more seem to now be located outside the core and near schools. Coun. Scott Fielding, who brought the issue to the committee Monday, said if headshop businesses were zoned as conditional use, then their location would be subject to a public hearing where residents could voice their concerns. The issue of head- shop operators came to the forefront last week when the owner of the Hemp Haven store in Elmwood was charged with selling drug paraphernalia and the owner of the popular Osborne Village store Wild Planet said the apparent police crackdown is prompting him to sell his business. Winnipeg police issued a statement Friday denying a crackdown is in force, although they admitted they have visited " many" shops recently " to discuss complaints brought forward by community members, organizations and school administrations." One operator, however, said police gave him 30 days to get rid of the drug paraphernalia or face arrest. Coun. Harvey Smith expressed caution that his colleagues might be overreacting, adding he wants any administrative report to include data on how many head shops operate in the city and where they are located. - Aldo Santin Ban stores near schools: Eadie L OCAL head- shop owners who've received warnings from police - two of whom have been charged with crimes and another two who say they are closing their stores - have received support from a high- profile medical marijuana advocate and a Toronto author and television producer. Randy Caine, the founder of Langley Medical Marijuana Dispensary and a candidate for mayor of Langley, B. C., and Brian O'Dea, a former pot smuggler who's now an award- winning author and television producer in Toronto, were in Winnipeg Tuesday. They said they wanted to highlight the injustice they believe has been done to a number of Winnipeg store owners who, among other things, sell pipes and smoking paraphernalia. The two articulate, soft- spoken critics of heavy- handed police tactics warned of a slippery slope when it comes to civic rights and were advocating for more dialogue with civic leaders. Appearing with Jeremy Loewen, the owner of Hemp Haven whose store is closed and who is facing two charges, and Steven Stairs, a Winnipeg medical marijuana advocate, O'Dea said, " I am here because I perceive an injustice has been perpetrated and I want to bring some volume to the matter... These are not criminals. These are young business entrepreneurs employing family people." Loewen said while he does not know why he was raided and charged, he does not begrudge the actions of the police, who he said were just doing what they thought they were supposed to do. He figures it's a bylaw issue and " we would like to work that out." Loewen said there is some talk about forming a trade association. " I think it would be a good idea where everyone operates under the same guidelines," he said. O'Dea said, " When you get together and unify, perhaps you can direct the conversation in a way that makes rational sense as opposed to the hyperbole and emotion." O'Dea, originally from Newfoundland, became a large- scale international marijuana smuggler and was sentenced to 10 years in prison in the U. S. after he'd turned his life around and had become a counsellor at a drug and alcohol rehabilitation facility in California. He wrote an autobiographical account of his life as a dope smuggler, High: Confessions of an International Drug Smuggler, which won the 2007 Arthur Ellis Award in the best non- fiction crime category. He's now working at turning that book into a movie and has also been involved in producing and writing reality television shows. Caine, who flew to Winnipeg at his own expense and also paid O'Dea's travel expenses, said he came in an effort to broaden and facilitate the discussion. " I'm just trying to enhance the dialogue," Caine said. " Brian ( O'Dea) is a friend of mine. We have known each other for several years. I thought his background might help all of us understand the situation. I'm delighted I came." Steven Stairs, who has Health Canada authorization to possess medical marijuana to control his glaucoma, said he believes it is disingenuous on the part of the government, who on one hand advise medical marijuana users vaporizing marijuana is a safe way to consume it, and then force the closure of the stores that sell such equipment. martin. cash@ freepress. mb. ca NICK UT / THE ASSOCIATED PRESS Canadian comedian Nathan Fielder comes forward as the brainchild of Dumb Starbucks Monday. PHIL HOSSACK / WINNIPEG FREE PRESS FILES Hemp Haven owner Jeremy Loewen shows off one of the bongs in his Watt Street store last week. He was raided by police last week and hasn't opened since. Randy Caine Brian O'Dea Support flies in for head- shop owners Weed advocates protest ' injustice' of police raids By Martin Cash ' These are not criminals. These are young business entrepreneurs employing family people' - Brian O'Dea, ex- drug smuggler and award- winning author B_ 04_ Feb- 12- 14_ FP_ 01. indd B4 2/ 11/ 14 11: 32: 00 PM ;