DENVER, CO, August 20, 2020 – Greenspoon Marder clients, Tom Wilczynski, Autumn Todd, Todd Campbell and Jeremy Lewchuk are suing the City Clerk for the City of Loveland, Colorado in her official capacity, claiming she interfered with the proceeding of a ballot initiative concerning the regulation of marijuana in the City of Loveland.
The clients submitted a form of petition to allow retail marijuana in Loveland, and had 90 days to acquire the necessary 2,888 signatures of registered electors who supported the initiative. As part of the ballot initiative process, it is the City Clerk’s official duty to validate the signatures received.
The suit claims that the City Clerk, Ms. Patti Garcia, refused to perform her official duties and was in direct violation of the City of Loveland Charter and in contravention of the Colorado Constitution. It alleges that Ms. Garcia categorically refused to accept certain signatures in connection with the initiative petition, and refused to allow the Plaintiffs the full 90 days required under the Charter to gather signatures in support.
“There was overwhelming support from people in favor of this ballot measure in Loveland, and their voices are not being heard because of the unilateral action of the City Clerk,” said
Michael Dailey, lead litigator on the case. “At Greenspoon Marder, we support cannabis businesses that seek to legally and professionally bring marijuana products to market, and certainly defend the legislative process,” added Rachel Gillette, partner and chair of the firm’s cannabis practice.
The Plaintiffs are represented by Greenspoon Marder attorneys Michael Dailey, senior counsel, and
Stuart Knight, associate. The Defendant has an opportunity to answer this complaint by Friday, August 21, 2020.