Manitou Springs and Palmer Lake must be feeling jubilant.
With Colorado Springs City Council promoting a posture of temperance on retail marijuana, those two bedroom communities where retail pot is legal might continue to corner the local market and collect millions of dollars in cannabis taxes from Colorado Springs residents, if Council gets its way.
Despite Colorado Springs voters decisively approving retail sales on Nov. 5, by a margin of 55%, Council isn’t taking “yes” for an answer. Council voted 7-2 on Tuesday, Jan. 28, with Nancy Henjum and Yolanda Avila dissenting, to mount another ballot measure at the April city election in hopes voters overturn their earlier approval.
The Council majority’s argument revolves around the idea that voters didn’t know what they were doing, that they made a mistake, that they actually agree with Council that retail weed should be banned forevermore from within the borders of the city.
The ballot language called on voters to approve authorizing only existing medical marijuana licensees to apply to become licensed as retail/ recreational marijuana businesses. That was deceiving, Council asserts.
But here’s a thought: If voters are ill-informed and can’t be trusted, then why has Council accepted voters’ sentiment about extension of 2C, the road tax, which also was approved on Nov. 5? Perhaps they were mistaken about that also? Should Council mount another measure to give voters a second bite at that apple? How much of a margin should be considered decisive, and when should an outcome be considered under the heading, “Voters were mistaken?”
Also bear in mind, the Council’s own separate measure, in essence an out-right forever ban on retail pot sales, went down in November.
As for whether the pot question was deceptive, us old-timers recall a time when voters truly were misled, intentionally so, and they did end up reversing themselves later.
Back in 2010, El Paso County elected officials, who wanted a pathway to exceed their voter-imposed term limit of two four-year terms (eight years), referred a measure to the ballot to increase that limit to three four-year terms (12 years).
The council majority’s arguments revolves around the idea that voters didn’t know what they were doing.
Here’s that ballot language: “Shall persons elected to the office of County Commissioner be limited to serving three (3) consecutive terms, a modification of the current limits permitted by Article XVIII, Section 11 of the Colorado constitution.” (Another question was posed for county offices of treasurer, clerk and recorder, assessor and surveyor.)
After 63% of voters agreed that terms should be “limited,” then-County Attorney Bill Louis admitted he wrote the measure with the goal of achieving the highest degree of likelihood for success. Mission accomplished.
But when it became clear what the measure actually did, voters were outraged. They realized they’d allowed Sallie Clark and Dennis Hisey to seek and be elected to third terms. They demanded a redo.
So, in 2012, commissioners referred a measure to the ballot rolling back term limits to two fouryear terms for commissioner, treasurer, assessor, clerk and recorder and surveyor for elections held after the 2012 general election.
Voters approved that measure with 64% voting in favor.
Clark and Hisey sought reelection that year, winning third terms by margins of 57% and 52%, respectively. While Hisey was later elected to a state legislative seat, Clark hasn’t been elected to anything since.
So, voters got to correct their mistake that time, and it appears City Council feels confident city voters got it wrong on the marijuana issue last November. But it doesn’t feel that way, based on those who show up at Council meetings on the matter. Most have urged Council to honor voters’ sentiments, not pose repeat measures until Council members get the result they want.
Meantime, some say retail pot in Colorado Springs is a dead issue until the April election, because although merchants can apply for licensing starting in February, it’s unclear what businesses would hazard obtaining a retail marijuana license, given the uncertainty on the horizon of a new measure that would undo legalization. And perhaps that’s Council’s goal – to scare business away.
It seems to me that this whole issue boils down to trust, or lack thereof. Council wants voters to trust their decisions on a variety of issues, including fire evacuation planning, annexations and utilities funding. But Council fails to extend the same courtesy to voters.
And who does Council serve anyway? Shouldn’t Council honor the wishes of those who elected them, even if those wishes conflict with Council members’ own desires?
It seems Manitou Springs and Palmer Lake have one up on Colorado Springs. Governing boards in those towns listen to voters, and they’re cashing in because of it.
Pam Zubeck worked for over 45 years as a journalist in Kansas, Oklahoma and Colorado. She covered local government and other topics at The Gazette for 16 years before moving to the Indy in 2009 where she contributed news and cover stories for 14 years. She’s won numerous state, regional and national awards, including the Sigma Delta Chi public service award from the Society of Professional Journalists for her 2012 story, “Misfire,” about the city’s response to the Waldo Canyon Fire. She may be reached at Pam@PikesPeakBulletin.org.
