Two Colorado Springs residents are suing the city over its decision to repeal a voter-approved ordinance allowing the sale of recreational marijuana. The lawsuit, filed in El Paso County District Court, claims that the city council’s move violates the Colorado Constitution and the will of the voters.
The ordinance, which was passed by a margin of 22,372 votes in November, allowed licensed medical marijuana shops to start selling recreational marijuana. However, the city council voted 7-2 to put a repeal measure on the April 1 ballot, citing confusing language and concerns about the impact on the community.
The plaintiffs, Renze Waddington, an owner of a medical marijuana dispensary, and Adam Gillard, the executive director of El Paso County Progressive Veterans, argue that the city council’s decision is unconstitutional and that the language used on the repeal ballot measure is deceptive and misleading.
The lawsuit claims that the city council’s language fails to inform voters that only medical marijuana license holders would be authorized to sell recreational marijuana, and that repealing the ordinance would prevent the collection of new tax revenue from recreational marijuana sales. The plaintiffs are asking the court to prevent the city from placing the repeal measure on the ballot or to order an amendment to the language.
The city council’s decision to repeal the ordinance has been met with resistance from some residents and business owners, who argue that it is a violation of the will of the voters. The Colorado Springs Cannabis Association has also spoken out against the decision, saying that it is “blatantly unconstitutional” and that the city council does not have the authority to overturn the will of the voters.
The lawsuit comes as the city of Colorado Springs continues to grapple with the issue of recreational marijuana sales. The city has long been resistant to allowing the sale of recreational marijuana, citing concerns about crime and drug use. However, the passage of the ordinance in November marked a major shift in the city’s stance on the issue.
The outcome of the lawsuit is uncertain, but it is likely to have significant implications for the future of recreational marijuana sales in Colorado Springs. If the repeal measure passes, it would effectively prohibit the sale of recreational marijuana in the city, while if it is struck down, it would allow the sale of recreational marijuana to continue.