Three councilmen boycotted a closed session about shutting down a medical marijuana dispensary because the issues should be discussed in public, they said. The four council members who did attend the closed session unanimously voted to pursue litigation against the collective, which opened without a business license last week.

The three councilmen who refused to attend the closed session - Perry Woodward, Peter Arellano and Craig Gartman - were also the three dissenters who voted last month to create a specific ordinance that would have allowed the dispensary. That motion failed 4-3.

"We were led to believe that the city has a rock-solid case ... so I am a little surprised that we have anything to hide," said Woodward, a property lawyer.

The council's decision came after a lengthy public comment period, in which more than a dozen attendees, mostly consisting of medical marijuana advocates, spoke to the council about the need to keep the First Street dispensary open.

Councilman Bob Dillon said it was the first time in recent memory that any council member in Gilroy had opted out of a closed-session meeting.

MediLeaf opened at 1321-B First St. on Nov. 9 to the surprise of city officials. On Wednesday, two days after MediLeaf opened, police served it with a cease and desist order that cites the dispensary for operating without a business license, operating in a district that was not zoned for a dispensary and violating federal law.

MediLeaf representatives said they received legal advice stating they can operate without a business license because they are a nonprofit. However, nonprofits must also go through a licensing process, though nonprofits are not required to pay fees, city officials have said.

Woodward said Monday morning that it likely would take a court order to enforce the city's cease and desist order. However, City Attorney Linda Callon would not comment on how the city would go about pursuing litigation. She said after the open meeting that it was important to go into closed session to allow council members to learn about various legal alternatives, but not all of the council members were convinced.

Woodward believed he could predict most of what would have been discussed in closed session. Gartman pondered before the closed-session meeting whether MediLeaf was compliant with city code and whether city code was contradictory, and he thought those questions should be answered in open session.

Still, Dillon said it was unfortunate that the three missing councilmen did not attend the closed session because it would have benefited from their input. Although Dillon and Councilman Dion Bracco both favored the idea of discussing everything in the open at first, Dillon said he ultimately trusted the city's legal counsel on the matter.

Mayor Al Pinheiro said from the outset that the closed-session meeting intended to deal with the fact that the dispensary opened without a business license and that comments should pertain to that matter. Still, most speakers discussed the merits of the dispensary itself.

Volunteers, advocates, and patients at MediLeaf held up signs that supported the dispensary or indicated to council members that cannabis had helped them with their medical needs. A sign that stated "I Love MediLeaf" was placed on an easel in the southwest corner of the room.

"The indifference of bureaucracy is killing people," said Eric Madigan, who serves as ombudsman and spokesman for MediLeaf. "This is a basic human right. Everyone has the right to alleviate their own pain and suffering."

Madigan said MediLeaf had tried to obtain a business license on two occasions since it opened last week, but it was denied both times because it did not conform to federal law.

On the other hand, Las Animas Elementary School parent Lisa Correnti, one of two people who spoke against MediLeaf opening, said she hoped that the council would not approve a dispensary until there was a way to regulate it.

"I know all of my sign holders are at home, tucking their kids into bed," she said.

Check back Tuesday afternoon for more on this story.