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News (Media Awareness Project) - US FL: Marijuana Activists Sue Over Poll Ouster
Title:US FL: Marijuana Activists Sue Over Poll Ouster
Published On:1998-12-03
Source:Times Union (FL)
Fetched On:2008-09-06 18:56:02
MARIJUANA ACTIVISTS SUE OVER POLL OUSTER

A Group advocating the use of marijuana for medicinal purposes is suing the
Jacksonville Sheriff and Duval County supervisor of elections after some
members were ordered away from a polling place during last month's
elections.

And Supervisor of elections Tommie Bell said yesterday the group is
right ---- They shouldn't have been ordered away.

Gary Edinger, a lawyer for Floridians for Medical Rights, said police
officers and elections officials violated members civil rights by not
allowing them to collect signature for a petition.

They want a referendum for legalized medicinal marijuana use put on a
future statewide ballot.

Members held a brief news conference yesterday outside the
Jacksonville Sheriff's Office shortly after the lawsuit was filed in
US District Court. They aren't seeking monetary damages but want
better trained poll workers and an end to sheriff's office policies
that led Police to interrupt the petition drive.

The lawsuit raises a legal question concerning private property rights
when the property is being leased as a public polling site."This is a
matter for our attorney's to figure out", said John Stafford Bell's
Chief Elections Assistant. But Stafford said he agrees with Bell,
"It's my personal opinion that when we rent Private property for use
as a polling place.

They should let people petition", Stafford said.

Floridians for Medical Rights is a lobbying organization that works
with the Florida Cannabis Action Network. The same group won an
injunction against Jacksonville Beach this summer forcing the city to
allow Hempfest at the Seawalk Pavilion. According to the lawsuit filed
yesterday.

Members from the group set up a table about 150 feet away from the
polling place at Hendrick's Avenue Baptist Church to collect
signatures for their petition. All parties involved agreed they were
well outside the 50 foot area around polling place where petitions are
forbidden by law. Group member Scott Bledsoe said he and a few
volunteers were continually told to leave by church members and poll
workers.

Each time they asked the church members or Poll workers to call the
supervisor of Elections because they had a right to be there.

The Lawsuit said one church worker became irate and went to see pastor
Jack A. Snell about the situation, within 30 minutes police Officer
Tom L Martin arrived.

Martin told Bledsoe the pastor had asked him to leave. Bledsoe asked
Martin to call the supervisor of election.

But, Martin said the group had a choice.

Leave or be arrested.

The group left. No one disputes that version of events.

But, the two defendants named in the lawsuit have differing opinions
about the groups' rights.

Jacksonville Sheriff Office spokesman Harry Reagan said yesterday his
department investigated the matter after getting a complaint from
Bledsoe. Officers determined Martin acted properly and adhered to
departmental policy.

My understanding is that the officer did consult with the elections
office. Reagan said. He was told that when the elections office leases
or make arrangements to use a polling place they don't lease the
entire property. Bell said her office was not contacted.

We had nothing to do with that. Once we pay our rental to them. The
church that is a public area it is legal for people to have petitions
signed.

Snell said he consulted with police officers before requesting that
the group leave.

However he added that he did not call police to his church. "I was a
little reluctant to ask them to leave", he said. "I wanted to be
assured that we can ask them to leave. The police came by and assured

me that they were on our property". Snell said, "The fact that he
doesn't necessarily agree with the issues the group was presenting had
nothing to do with him asking them to leave".

Checked-by: Rich O'Grady
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