cannabisnews.com: Marijuana Proponents Sue State, Leman
Marijuana Proponents Sue State, Leman
Posted by CN Staff on October 22, 2004 at 14:57:32 PT
By John Davidson, Frontiersman Reporter
Source: Frontiersman
Mat-Su -- Yes on 2, a group supporting the marijuana decriminalization initiative on November's ballot, filed a lawsuit Tuesday morning against the state of Alaska and lieutenant governor Loren Leman for drafting the official election pamphlet's statement in opposition of Ballot Measure 2.The official complaint, signed by ballot sponsors Tim Hinterberger, David Finkelstein and Bill Parker, states that the lieutenant governor's role in drafting the statement of opposition, "is a violation of the applicable statutes of the State of Alaska and of the duty of that office to act neutrally and impartially with respect to the conduct of elections."
Hinterberger, associate professor for the University of Alaska's biomedical program, said it was "outrageous" that Leman and his staff had drafted the opposition statement."It's clear to us that he has crossed the line of neutrality," Hinterberger said in a statement released Tuesday. "And if he has not directly violated his oath of office, he most certainly has violated the spirit of his office."The lieutenant governor's office denies any wrongdoing. Annette Kreitzer, Leman's chief of staff, drafted the statement and sent it to Dr. Charles Herndon in August.Kreitzer said the information she sent to Herndon was never meant to be the final statement against Ballot Measure 2; it was just supposed to be notes to assist him in writing the statement.Kreitzer said the problem arose when the deadline was approaching for the completion of the ballot pamphlet and no statement in opposition had been submitted for Ballot Measure 2.A 1998 change in the law regulating the preparation of the ballot pamphlet said that statements for and against ballot measures "must" be submitted. Before 1998, the law said only that statements "shall" be submitted.Kreitzer said she interpreted the language of the law to mean the lieutenant governor's office had to find someone to draft an opposition statement if no one voluntarily submitted one.Kreitzer admits she did not ask for interpretation of the law before preparing and sending the notes to Herndon.Because the deadline was a day away, Kreitzer compiled information on marijuana from various government Web sites to assist Herndon in writing the statement. Kreitzer said Herndon made very few changes to the notes she sent.Herndon, medical director of Providence Breakthrough, a drug and alcohol treatment center in Anchorage, showed the statement to his peers and then signed off on it, Kreitzer said."I was surprised when I saw the statement on the election ballot," Kreitzer said in a phone interview Wednesday. "Those notes were never supposed to be the official opposition statement on the ballot."Kreitzer said she understands the perception created by the statement and her actions. Although it may have been unwise, she said, it was not illegal."This lawsuit is a publicity stunt by the proponents of proposition 2," Kreitzer said. "It's specious and it doesn't articulate the laws or the parts of Alaska's constitution that have been violated."Kreitzer said she has spoken to Leman about the lawsuit and he doesn't believe there is any substance to the lawsuit. Leman was traveling this week and was unavailable for comment.But Hinterberger said that even if the lieutenant governor didn't violate any laws or the state constitution, his actions were inappropriate and warrant a strong reprimand."It's inappropriate for [Leman] to be acting as a broker of information," Hinterberger said in a phone interview Wednesday. "He's supposed to be neutral. His office certainly didn't compile information in support of proposition 2."Hinterberger and his colleagues are hoping to have the information about the lieutenant governor's actions made available to the public at the polls.Yes on 2 is seeking a declaratory judgment that Leman's actions were improper and unconstitutional, as well as an order to post signs at the polls on Nov. 2 stating there was no statement in opposition submitted for Ballot Measure 2.Source: Frontiersman, The (AK)Author: John Davidson, Frontiersman ReporterPublished: Friday, October 22, 2004 Copyright: 2004 The FrontiersmanContact: editor frontiersman.comWebsite: http://www.frontiersman.com/Related Articles & Web Site:Yes on 2 Alaskahttp://www.yeson2alaska.com/MJ Measure Backers Sue Over Opposition http://cannabisnews.com/news/thread19667.shtmlHashing It Outhttp://cannabisnews.com/news/thread19661.shtmlLet's Focus On Real Criminalshttp://cannabisnews.com/news/thread19660.shtmlAnti-Pot Passage in Voter Guide Draws Fire http://cannabisnews.com/news/thread19658.shtml
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Comment #9 posted by dr slider on October 23, 2004 at 14:26:38 PT:
crok tears & John Q
What's got the general public in a panic ("War on Terra") is simply their "drug war" come home to roost, as the rules for "the druggies" (long hair, beard?dark skin, bright eyes? travel light,bandana? PLEASE COME WITH US, full monty time) now apply to everyone "for their safety". After watching my brethren at the hard and cold end of that stick for decades, its hard to find compassion for John Q.
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Comment #8 posted by kaptinemo on October 23, 2004 at 02:13:29 PT:
It's still a Hatch Act violation
They used extorted funds from taxpayers to pay for the time and materials expended in concocting this bilge. And of course, they were intellectually dishonest: since they used the Internet to do this travesty, then they HAD to have come up against reformer sites exposing CP fraud. A balanced revue of the available data would have forced them to realize that much of what they base their "facts" in developing and maintaining the DrugWar were in fact, suspect. Needless to say, with the rationale for it all is drawn into question, they would have to confront a terrible reality; they've been lied to. The same revelation their victims came to when they first toked. And that what they've done in their vocation has hurt essentially guiltless people - who forever become untrusting participants in society. Untrusting...of 'their' government. Obvious that we are out there. Obvious that the search will eventually lead to words like "prohibition", "failure", etc., and as to why. But noooooo, she only went to the ANTI sites. Hardly an unbiased search for the truth; more like deliberately *shopping* for customized horse blinders. After all, if the Fed'ruhl Gub'mint can get away with it, why not the States? As Dan Forbes noted in his landmark article (The Governor's Sub-rosa Plot to Subvert an Election in Ohio http://marijuananews.com/news.php3?sid=526) on the subject, this misuse of taxpayer funded resources has become pandemic reaching all the way down to the State and local levels. This is real corruption, people, and it has direct bearing upon the democratic process. Monkey with that, and, well, other countries went through the same thing. They're footnotes in history books now. What Mr. Forbes documented is a CANCER that eats at the roots of government, poisoning its fruit, from which we are all, sadly, dependent upon. It's axiomatic that those who govern eventually become contemptuous of the governed. It leads to stupid, embarrassing scandal after scandal when habitual violators are finally caught and then once more assume an arrogant air of disdain, always repeating "It wasn't against the law" becuase they ARE the law.This election may spawn some terrible things, but it may also finally kick Americans blase attitude about their own country's governence in the pants. Cannabis Prohibition wouldn't have lasted a decade if a truly involved electorate had followed evey move of the pols with a hawk eye. The past four years have been a nightmare for the vast majority of the country, but for us, we've been living in one for quite a long time.
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Comment #7 posted by CorvallisEric on October 22, 2004 at 22:53:27 PT
Schizo-politics, Alaska style
I think the relevant part of mayan's link (comment #3 - "Pot proposition garners little candidate support") has an interesting context:If the proposal to legalize marijuana passes on the Nov. 2 ballot, it will happen without much help from Fairbanks-area candidates for state office.All 10 state House of Representatives and Senate hopefuls that gathered for an Associated Students of the University of Alaska Fairbanks-sponsored forum Thursday afternoon said they'd be voting against the proposition, citing reasons like workplace safety concerns and the potential rise in drug use among minors."It will create anarchy in our society," House District 10 Republican candidate Jay Ramras said.There were other areas of wide agreement as well: The candidates raised objections to some or all of the federal USA Patriot Act, which has frequently been denounced as degrading civil liberties.
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Comment #6 posted by FoM on October 22, 2004 at 21:26:30 PT
The GCW
Thank you. I updated the e-mail.
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Comment #5 posted by The GCW on October 22, 2004 at 20:51:17 PT
Problem sending a LTE?
Try, Contact: editor frontiersman.com
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Comment #4 posted by cloud7 on October 22, 2004 at 16:39:17 PT
...
"I was surprised when I saw the statement on the election ballot," Kreitzer said in a phone interview Wednesday. "Those notes were never supposed to be the official opposition statement on the ballot."But they are and that's the problem. So why dont you issue a statement to the public saying that no opposition statement was drafted and that your notes were used? Of course you wont, since you do not want this to pass and the only problem is that you got caught.
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Comment #3 posted by mayan on October 22, 2004 at 15:46:34 PT
Great!
Here's a great article about our beloved (p)resident from Cannabis Culture...A tradition of terror:
http://cannabisculture.com/articles/3579.htmlMore...Martz rails against medical marijuana initiative:
http://www.billingsgazette.com/index.php?id=1&display=rednews/2004/10/22/build/state/25-jmartz-medicalpot.incPot proposition garners little candidate support:
http://www.news-miner.com/Stories/0,1413,113~7244~2484847,00.htmlThanks for the poll, FoM!
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Comment #2 posted by JR Bob Dobbs on October 22, 2004 at 15:33:54 PT
In Other News
http://www.thestar.com/NASApp/cs/ContentServer?pagename=thestar/Layout/Article_Type1&c=Article&cid=1098266734041&call_pageid=968332188492&col=968793972154Police in Canada are shocked - SHOCKED! - to discover that the grow equipment they seized from one grow house and sold at auction has shown up at other grow houses.
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Comment #1 posted by FoM on October 22, 2004 at 14:59:17 PT
Online Poll from The Frontiersman
Should Proposition 2, to legalize and regulate marijuana, be passed? http://www.frontiersman.com/
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