Pubdate: Wed, 13 Feb 2008
Source: Idaho Mountain Express (ID)
Copyright: 2008 Express Publishing, Inc
Contact:  http://www.mtexpress.com/
Details: http://www.mapinc.org/media/2296
Author: Terry Smith
Photo: Ryan Davidson http://www.mapinc.org/images/RyanDavidson.jpg
Bookmark: http://www.mapinc.org/states/ID/ (Idaho)
Bookmark: http://www.mapinc.org/pot.htm (Marijuana)
Bookmark: http://www.mapinc.org/decrim.htm (Decrim/Legalization)

HAILEY TO VOTE AGAIN ON LEGALIZING MARIJUANA?

City Clerk Sets New Election for May 27

Hailey's electorate gets to do it all over again--vote on four new 
citizen-driven initiatives to legalize marijuana within the city limits.

Probably. Unless something happens to derail the whole thing.

Hailey City Attorney Ned Williamson is doing legal research to see if 
three of the four can be knocked off the ballot, and pro-marijuana 
advocate Ryan Davidson said he's willing to withdraw the initiatives 
if the Hailey City Council will make an earnest effort to negotiate with him.

The initiatives are not exactly new. They are identical to four 
marijuana initiatives that were placed before the electorate on Nov. 
6, 2007. Three were approved and the other was rejected.

City Clerk Heather Dawson informed the City Council Monday night that 
Davidson's new initiative petitions have been certified and she's 
scheduled the election for May 27. The council had little choice but 
to approve.

City Councilman Fritz Haemmerle grumbled a little anyway.

"If you keep accommodating each and every time, you're going to have 
election, after election, after election," Haemmerle said.

Davidson, chairman of The Liberty Lobby of Idaho, filed his new 
petitions on Jan. 22 after learning that city officials planned to 
file a lawsuit in 5th District Court seeking a declaratory judgement 
on the three initiatives approved on Nov. 6. All three have 
provisions that appear to conflict with state and federal law.

"I kind of assumed that the council would do something like this," 
Davidson said.

Approved in November were initiatives to legalize medical use of 
marijuana, to legalize industrial use of hemp and to make enforcement 
of marijuana laws the lowest priority for the Hailey Police 
Department. Click for more information about our internet advertising program

Rejected was an initiative to give the city the authority to tax and 
regulate sales and use of marijuana within the city limits.

Davidson said a declaratory judgement against the three approved 
initiatives cannot keep the four new initiatives off the ballot.

The Idaho Supreme Court ruled in September 2006 that voters have the 
right to vote on citizen-driven initiatives regardless of the 
appearance of illegality. Davidson brought that lawsuit to the high 
court over similar marijuana legalization initiative petitions that 
he submitted to the city of Sun Valley.

Despite a long history of legal battles with municipalities in the 
Wood River Valley, Davidson said he's willing to extend an olive 
branch to the Hailey City Council.

"I would be willing to make the offer to the city," Davidson said. 
"That if they would be willing to sit down and negotiate a way to 
implement the spirit of the original initiatives, if they would at 
least make a good faith effort to do that, then I would rescind the 
new petitions so they wouldn't have to be voted on again."

Thus far, the City Council has shown no such inclination.

Williamson told the council Monday that the three approved 
initiatives are now city ordinances and he's going to research the 
possibility that they can be removed from the ballot because they are 
already law.

As in the previous election, the council decided to print the 
initiatives in their entirety on the ballot rather than try to summarize them.

"I'd like to think that the citizens would read it this time," said 
Councilwoman Martha Burke.

"After what happened last time, maybe they'll read the fine print," 
said Councilman Don Keirn.

The election would cost the city about $4,000, not including staff time. 
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MAP posted-by: Richard Lake