Mr. Bernstein, Our amendment is not illegal because its plain language makes it conditional upon state and federal law allowing medical marijuana. There is nothing illegal about establishing a municipal action in advance of an event, and neither you nor the Council seemed to notice COHR's legal memo stating as much.
Furthermore if conditional language was going to be prevented from being placed on the ballot, that should have been covered in the Charter Commission's initial approval of the amendment as legally proper. Why is it that when we've played by the rules up to this point, the rules are now changing when it counts? Jason Samuels Whittier -----Original Message----- From: Jim Bernstein [mailto:[EMAIL PROTECTED] Sent: Thursday, August 19, 2004 2:29 AM To: [EMAIL PROTECTED]; [EMAIL PROTECTED] Subject: RE: [Mpls] Medical pot question rejected for ballot JASON - You of all people should know the issue was never about the petition or whether it was proper or not! Or, whether the people of Minneapolis are allowed to amend the city charter - they are! They simply cannot do it if that amendment puts the charter into conflict with either the state or U.S. Constitution or state or federal law. State Supreme Court decisions have made it abundantly clear that the city council has the authority - the responsibility I believe as well - to reject proposed amendments that are contrary to law. And, if state or federal law was changed so that sale and distribution of marijuana for medicinal purposes was lawful, the city council would be well within its existing authority make ordinances to regulate that distribution. The Charter already conveys that authority to the city council. Jim Bernstein Fulton (Charter Commission chair) -----Original Message----- From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] On Behalf Of Jason Samuels Sent: Wednesday, August 18, 2004 11:58 PM To: [EMAIL PROTECTED] Subject: RE: [Mpls] Medical pot question rejected for ballot The determination of the City Council to reject a proper petition bothered me the most. Whether or not you agree with the subject matter, the people should be allowed to amend their city's charter. Jason Samuels Whittier REMINDERS: 1. Think a member has violated the rules? Email the list manager at [EMAIL PROTECTED] before continuing it on the list. 2. Don't feed the troll! Ignore obvious flame-bait. For state and national discussions see: http://e-democracy.org/discuss.html For external forums, see: http://e-democracy.org/mninteract ________________________________ Minneapolis Issues Forum - A City-focused Civic Discussion - Mn E-Democracy Post messages to: mailto:[EMAIL PROTECTED] Subscribe, Un-subscribe, etc. at: http://e-democracy.org/mpls
