The courts should enforce the votes of voters, and send a strong message to the city council. They do not possess absolute authority.
By Sara Wilson, Colorado Newsline
Two Colorado Springs citizens are suing their city for a vote set to take place in April, which would reverse a voter-approved measure that allows recreational marijuana sales.
On Friday, a lawsuit was filed at the El Paso County District Court by Renze Waddington and Adam Gillard. Adam Gillard is the Executive Director of El Paso County Progressive Veterans. The lawsuit alleges that the City Council has violated Amendment 64, which states that ballot measures prohibiting recreational marijuana sales must be placed on general election ballots in an even-numbered year.
Tom Scudder said, “This council’s belief that it could overturn the vote of voters because it didn’t like the outcome is outrageous and blatantly illegal.” Tom Scudder is the President of Colorado Springs Cannabis Association. We look forward to courts upholding the will of the voters and sending a clear message to this council that it does not hold absolute power over the citizens.
In November, Question 300 was approved by voters with approximately 22,000 votes. This allows licensed medical marijuana stores in the City to sell both recreational and medical marijuana. The ballot measure that would have banned recreational marijuana failed, despite preliminary results suggesting it had also passed.
In Question 300, a 5-percent sales tax was also proposed for programs in public safety, mental healthcare services and treatment of PTSD for veterans.
On January 28, City Council members voted by 7 to 2 to place the question back on the election ballot. Some said that the two marijuana issues on the ballot and the premise of Question 300 may have confused voters.
Councilmember Dave Donelson stated during a recent meeting that “I believe it could have been a real impact” if something was passed which the majority of the citizens did not support.
However, the suit argues that a similar question could not be asked during an election of this nature.
The lawsuit states that “the Colorado Springs City Council acted in violation of the Colorado Constitution, which prohibits this gambit by the council,”
In the lawsuit it is argued that the referred measure will ask voters to vote against Question 300 which in effect prohibits recreational marijuana sales. The Colorado Constitution states that “any initiated or referred measure to prohibit…retail marijuana stores must appear on a general election ballot during an even numbered year.”
A lawsuit claims that Question 300 is misrepresented to voters, and that it does not mention the fact that repealing Question 300 prevents the new collection of sales taxes. The plaintiffs are asking the court to stop the repeal measure appearing on the ballot in April or change the ballot title.
Colorado Springs will mail ballots to military personnel and overseas voters 45 days prior to the elections, or on 14 February.
Colorado Newsline published this article first.
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