Arizona Judge Rejects Initiative Opposition Lawsuit

On August 19, a Maricopa County Superior Court judge dismissed a lawsuit filed by opponents of Proposition 205 who want to keep the measure off the November ballot.

Arizona Republic reports:

Foes argued in court last week that supporters of legalization are deceiving voters with their pitch of the measure. An attorney argued a 100-word summary of the initiative failed to adequately summarize the measure's impact on laws affecting motorists, child custody, workplaces and licensing of certain professions.

In her decision, [Judge] Gentry disagreed, writing: "Plaintiffs demonstrated no ability to prepare a summary that would comply with the 100-word limit and with their objections. Plaintiffs, nonetheless, persist in asserting that omitting these provisions from the summary along with what they consider misstatements about the provisions that were included makes the summary fraudulent. Plaintiffs’ position is in essence that the summary should have more fully described what the initiative will do but do not explain how they could do it better. Instead, Plaintiffs simply argue that such a summary creates a risk of confusion and unfairness and threatens the integrity of the initiative process."

...

She also rejected their argument because of the Legislature's recent changes to the election code affecting citizens' ability to sue to keep such measure off the ballot. "Whether wittingly or not, the legislature eliminated a means by which initiative petitions can be challenged," the judge wrote.

She also rebuffed foes' arguments that the initiative failed to provide its own immediate self-funding. Prop. 205 proposes to use money from the state's 2010 voter-approved medical-marijuana program initially.

Opponents of the initiative plan to appeal, but the Campaign to Regulate Marijuana Like Alcohol is confident that the courts will uphold the ruling.