Pubdate: Sat, 06 Aug 2011
Source: Gazette, The (Colorado Springs, CO)
Copyright: 2011 The Gazette
Contact: http://www.gazette.com/sections/opinion/submitletter/
Website: http://www.gazette.com/
Details: http://www.mapinc.org/media/165
Author: Debbie Kelley

200 SIGNATURES NEEDED FOR MMJ REVOTE IN FOUNTAIN

Issue still divides proponent, council

The possibility of a revote on the medical marijuana ban in Fountain 
appears to have gone up in smoke.

Former Fountain City Councilman Al Lender said last week that a 
family emergency in Connecticut will force him to set aside his 
efforts to collect nearly 400 signatures from registered voters to 
place a question on the November ballot to overturn a voter-approved ban.

"I'm pretty devastated over this; I've spent so much time and money. 
But my sister-in-law has terminal cancer, and that's more important," he said.

Lender said he's gotten 180 signatures since he began the petition 
drive July 19. According to the city's charter, he would need 370 
valid signatures, or 5 percent of the city's registered voters at the 
last preceding election.

City Clerk Silvia Mascarenas said the deadline to submit the 
signatures to her office for verification is Aug. 12.

"I don't think I'll have time to finish," Lender said, adding that he 
doesn't have anyone to take over for him while he's out of town.

Fountain voters narrowly approved the ban on medical marijuana 
centers, grow operators and infused products manufacturers within 
city limits in the November 2010 election, with 50.27 percent, or 
2,226 voters, in favor of the ban and 49.73 percent, or 2,202 voters, 
opposed. It took effect July 1.

City Councilwoman Lois Landgraf said there was at least one 
dispensary that had to close because of the prohibition.

The issue has been a source of angry debate and violence between 
Lender, who was voted out of office as a councilman in a recall 
election in 2005, and several current council members, including Landgraf.

She sought a permanent restraining order against Lender in June 2010 
because he called her "nothing but scum" at a council meeting. An El 
Paso County magistrate dismissed her application a month later, 
saying as a public official she must sometimes endure criticism.

That council meeting became heated when council members approved 
zoning regulations on medical marijuana dispensaries that precluded 
Lender from opening a planned center and grow operation on land he 
owns on the outskirts of Fountain.

Lender said he was hit in the face by Councilman Harold Thompson at 
that same meeting after he called Thompson a "son of a bitch."

"The council took over seven months to decide, and three weeks before 
the July 1 deadline (to apply to the state for licensing) they voted 
to shoot us down," he said. "I was rushing to build a nursery and was 
ready to apply."

A year later, relationships are still strained.

"I think Mr. Lender is still angry about the outcome of the 
election," Landgraf said. "He has a right to carry a petition, and if 
he gets the necessary signatures, then it'll be back on the ballot. 
It's his Constitutional right to do that."

Lender used profanity when asked how his relationship with some of 
the council members is today.

"I don't get along with these people. I just feel they hate me and 
will do anything to spite me," he said.

As far as his efforts to give voters another say on medical marijuana 
businesses, Lender said: "I'm not giving up my fight."

Mascarenas said if Lender fails to collect enough signatures or 
withdraws the petition, he could try again. Returning the issue to 
ballot in 2012, however, would require a special election, she said, 
because the city does not have a scheduled election next year.

MMJ Businesses in El Paso & Teller counties

The state extended the moratorium on new businesses opening until July 1, 2012.

Allowed

Unincorporated El Paso County

Colorado Springs

Manitou Springs

Palmer Lake

Unincorporated Teller County

Victor (none currently open)

Monument (none currently open)

Banned

Fountain

Ramah

Green Mountain Falls

Calhan

Woodland Park

Cripple Creek
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MAP posted-by: Keith Brilhart