NEWS RELEASE - March 27, 2008
A last-minute lawsuit filed yesterday by opponents of Measure B seeks a court order to remove it from the June ballot, but is destined to fail, according to Yes on B Coalition spokesman, Ross Liberty.
"The opponents won't be able to block a vote on Measure B because there are no legal grounds to do so. Measure B was drafted by the county counsel, at the direction of the Board of Supervisors, and meets all legal requirements. The opponents waited 2-1/2 months to file this lawsuit. It is a blatant attempt to circumvent the right of the people to decide this critical issue," said Liberty.
"The opponents of Measure B are trying to prevent voters from taking a stand against marijuana abuses that cause a public nuisance, endanger public safety and trash the environment," said Liberty.
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Lawsuit to block Measure B filed
By Mike A'Dair/TWN Staff Writer
Article Launched: 03/28/2008 11:33:50 AM PDT
A lawsuit seeking to block Measure B from going to the ballot was filed Wednesday, March 26.
The suit was filed by attorney Edie Lerman of Mendocino on behalf of clients Paula Laguna and George Hanamoto.
Richard Johnson, publisher of the newspaper Independent and chair of the Mendocino County Green Party, explained the basis for the suit.
According to Johnson, the lawsuit was filed against Measure B, because the measure "contains two distinct subjects: the repeal of Measure G and the reduction of medical marijuana possession limits to the state mandated minimum."
"The state constitution forbids ballot initiatives from having more than one subject in order to prevent 'log rolling,' or the inclusion of high profile subjects in an initiative merely to attract votes. The logic is that voters deserve the opportunity to consider the matter separately, and some may want to reject one while accepting the other," according to Johnson.
Lawsuit aims to stop Measure B
ReplyDeleteBy ROB BURGESS The Daily Journal
Article Last Updated: 03/29/2008 12:30:17 PM PDT
A pair of court challenges filed within the past few days to the county-sponsored ballot initiative that, if given the OK by voters, would repeal the county's cannabis personal use ordinance, have been scheduled to be heard by the Mendocino County Superior Court within the next two weeks.
Both Richard Johnson of the Mendocino County Green Party and Edie Lerman, on behalf of Paula A. Laguna and George Hanamoto, filed separate lawsuits Thursday and Wednesday, respectively, to try to keep Measure B off the June 3 ballot.
Measure B, which was placed on the ballot by the Mendocino County Board of Supervisors on Jan. 8 by a vote of 4-1, would repeal Measure G, which was passed by 58 percent of county voters in 2000.
Measure G, the cannabis personal use ordinance, instructed law enforcement officers to make prosecution of anyone growing fewer than 25 marijuana plants their lowest priority. On Dec. 11, 2007, the Board of Supervisors agreed to set medical marijuana limits at 25 plants in accordance with Measure G.
If passed, Measure B would set possession limits for medical marijuana at 12 immature or six mature plants and eight ounces of dried marijuana, the same as the limits set by the state.
"We are not concerned," said Ross Liberty, the spokesman for the Yes on B Coalition. "We're a little upset that they are trying to stop this ballot initiative from going to voters and letting them decide."
Liberty said the claims made in the suits have no legal basis to
block a vote on the measure.
"They say we, the Measure B folks, seek to usurp the sheriff's budget authority by initiative, which we're not doing," he said. "Measure G is thought to do that. Measure G is unconstitutional because it's illegal, because you cannot by ballot initiative set budget priorities. We're trying to undo what was illegally done by initiative."
Johnson declined to comment on Liberty's statements and said the point of the suits was to prevent the ballots from being manufactured.
"It has nothing to do with Ross Liberty," he said. "The lawsuits complement each other. My suit is aimed at keeping them from sending (the ballots) to the printer."
Sue Ranochak, Mendocino County assessor/county clerk/recorder, said Friday that the timeline for challenging the ballot initiative has passed, but that both suits made it in just under the wire.
"There are several deadlines," she said. "I believe those deadlines have all passed. These two lawsuits were filed timely."
Ranochak said the ballots had not been printed yet, but that time considerations would have to be given to both the printer and workers who would be preparing the ballots at the county office.
"We are in the process of completing our order," she said. "Have we transmitted the data to the vendor? No."
Lerman's suit is scheduled to be heard April 11, while Johnson's is scheduled to have its day in court at 1:30 p.m. Tuesday in Courtroom E of the Mendocino County Courthouse.
Meanwhile, the first day absentee ballots can be mailed by the county is May 5.
Rob Burgess can be reached at udjrb@pacific.net.
http://www.ukiahdailyjournal.com/ci_8741605
Judge turns aside attempt to take Measure B off the ballot
ReplyDeleteAs expected, today Judge Behnke turned aside Richard Johnson's attempt to get a court order to block the voters from considering Measure B on the June ballot. The judge declined to issue a ruling and continued the hearing to later in April. There are no substantial grounds for this blatant attempt to use the court to block a vote by the people. Very soon, the County Clerk will have to send the ballot to the printer and then any judge will be very unlikely to intervene.