Pubdate: Fri, 30 May 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
Bookmark: http://www.mapinc.org/topic/Hailey
Bookmark: http://www.mapinc.org/pot.htm (Marijuana)

HAILEY OFFICIALS NOT SWAYED BY PRO-POT VOTE

Marijuana Lawsuit to Continue in 5th District Court

Hailey city officials will continue with their  anti-marijuana lawsuit
despite an election earlier this  week in which the city's electorate
approved three  pro-pot initiatives for the second time.

"I have no intention of withdrawing it," City  Councilman Don Keirn
said Wednesday. "The whole purpose  of the lawsuit is to get this in
front of the court. We  need a declaratory judgment, maybe now more
than ever.

"In theory, the judge will say this whole thing is  illegal and that's
the end of it. I'd like to get it  behind us."

Keirn, Mayor Rick Davis and Police Chief Jeff Gunter  filed a lawsuit
earlier this month in Blaine County 5th  District Court seeking a
ruling on three marijuana  reform initiatives that were approved by
the electorate  last November.

"I have no intention of withdrawing it either," Gunter  said Thursday.
"Just because it passed twice doesn't  mean it's not in conflict with
state law and we need to  have it resolved."

Davis was on vacation and could not be reached for
comment.

The three initiatives, one to legalize medical use of  marijuana,
another to legalize industrial hemp and a  third to make enforcement
of marijuana laws the city's  lowest police priority, were first
approved in  November. They were approved by voters once again on
Tuesday.

Marijuana advocate Ryan Davidson, the man who initiated  petition
drives to get the initiatives on the ballots,  said Wednesday that
Hailey city officials should follow  the will of the electorate.

"If they don't do that, I think they should be  recalled," said
Davidson, a former Bellevue resident  who now lives in Garden City and
is chairman of The  Liberty Lobby of Idaho.

In Tuesday's election, the medical marijuana initiative  passed with a
58 percent positive vote, up from the 53  percent it received last
November.

Also passed was the industrial hemp measure, which  received 56.5
percent voter approval, up from the 53  percent it received in the
first election.

The police priority initiative was approved at 53  percent, up from
the 51 percent it received in the  first vote.

Defeated for a second time was an initiative to require  the city to
tax and regulate distribution and use of  marijuana. Forty-seven
percent of the electorate voted  for the initiative on Tuesday, the
same percentage that  voted for it in November.

"I think this is just a great expression on how people  feel on the
issues and they're not going to change,"  Davidson said. "I was right
to do it the first time and  I was right to do it again. When the
people speak on an  issue two times like that, it speaks volumes. I
don't  think there was any question that they knew what they  were
voting for this time.

"Now it's tough to ignore the mandate from the voters."

But Councilman Keirn doesn't see the vote as a mandate  at all,
pointing out that less than 20 percent of  Hailey's electorate voted
in Tuesday's election.

"We don't have a huge mandate there," he said. "You  figure all the
numbers and it's not that large." 
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MAP posted-by: Richard Lake