Please consider signing and sharing my change.org petition regarding the city council’s blatant disregard for the will of the people.
I've been doing a little research and I believe Mr. Sladek has a case.
There are typically two requirements to a breach of law: mens rea and actus reus. Mens rea means they knew it was against the law and actus rea means they did it anyway. The law can be interpreted as the letter of the law and/or the spirit of the law. It is not unusual for the courts to uphold the spirit of the law over the letter of the law.
The City Council clearly knew opting out was against the spirit of the law. In fact, a gentleman by the name of Bob Wiley, who was involved with creating the wording of A64 explained it very clearly to them at the very meeting the vote took place.
His exact words were: "I was a member of a group that helped write amendment 64 and the intent of the opt-out provision was for those communities that had voted against amendment 64, their citizens had voted against it, for their local officials to be able to write ordinances that banned the retail sales. It was not intended for jurisdictions such as ours to ban where the citizens had voted in favor of the ordinance." You can see him say it yourself in the archived video of the meeting at about 1:25 into the meeting.
So they knew it was against the (spirit of the) law, yet they voted to opt out anyway. They chose the actus reus of voting against regulating marijuana like alcohol which is what the voters of Colorado Springs approved.
I say, Good Luck Mr. Sladek! In fact maybe there should be a class action lawsuit brought forth by any parties who may be financially injured by the Councils reckless and illegal actions? Perhaps the 79 licensed Medical Marijuana Dispensaries in town feel like the opt-out might negatively impact their business?
Last year's gross Medical Marijuana revenue in El Paso County was about $35,000,000. Yep, that's 35 million. I would say that conservatively, if Recreational sales were allowed, that number could easily double. More likely, when tourism is factored in, it would actually be much higher.
Now, if I were a lawyer with the appropriate skills and experience, like Brian Vicente or Rob Corry for example, I would think that maybe there might be an opportunity down here in Colorado Springs.
Please consider signing my change.org petition regarding Colorado Springs City Council's blatant disregard for the will of the people. Thanks.
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