City chooses to shorten language on ‘marijuana possession’ ballot measure

By Kyle Mooty

LPR Editor

Lessening what had been lengthy wording on the November ballot regarding possession of marijuana, Lockhart City Council voted 6-1 in favor of cutting the verbiage from 65 lines to 18 at last week’s meeting.

An earlier and even shorter version brought forth by petitions was struck down by a 5-2 vote.

Those in favor of shortening the lengthy definition on the ballot said it was too confusing for voters, but City Attorney Brad Bullock said the submitted version via petitioners only addressed “two or three of the measures” and there were 12 sub-sections to the City’s Charter Amendment. Bullock said the that version could risk making for a “void or invalid election” if the language was deemed deficient by the Texas Supreme Court.

The ballot’s wording was eventually slashed to the degree Council member John Lairsen said, “It is not overwhelming.”

Only Council member John Castillo voted against the change.

The City Charter Amendment for the petition on Marijuana Possession will be on the ballot at the General Election on Tuesday, Nov. 5. The petition was presented to the City of Lockhart in May with the required 5 percent of qualified voters’ signatures. The ballot measure would “reform marijuana enforcement by city personnel, specifically by prohibiting the Lockhart Police Department from making any arrest or issuing any citation for Class A or Class B misdemeanor marijuana possession, except in limited cases.”

There were several speakers who addressed Council during the Public Comments time at the City Council meeting regarding the Marijuana ballot measure. While most were there to speak on behalf of advocacy groups Ground Game Texas and Mano Amiga, there was at least one hoping the measure to lessen marijuana possession laws did not change. The Post-Register also received several emails regarding the measure.

“Many of these are not residents of Caldwell County or Lockhart,” Roberta Arizpe said of those on hand at the meeting speaking in favor of lessening marijuana possession laws. “Yet, they’ve come to influence you. I hope you keep that in mind. I really feel this is an issue for Lockhart people.

“This will be the beginning of a greater problem. I feel that decriminalizing (marijuana possession) would only increase other problems. I feel that once you start a little bit of a substance that alters your mind or your emotion, then you need a little bit more… and a little bit more. This doesn’t say anything about rehab or how to help them if they get addicted.”

One caller to the LPR said there was misinformation presented to the Council regarding other Texas cities which had adopted such measures. The caller said while cities such as Lubbock, Denton and others had adopted the measure, it still violated Texas State Law and many of the towns mentioned refused to enforce the new measure. Some municipalities were even being sued, information the caller said had been for Ground Game Texas.

Those speaking for the amended city charter were unanimous in their hopes to drastically reduce the language on the ballot.

Sonja Gonzales Villalobos said she lived in Martindale, but noted the way the ballot measure had read would be hard for anyone to read thoroughly.

“It makes it more confusing and difficult to understand,” Villalobos said. “There’s nothing I’ve ever voted on that’s this long.”

Other opposition comments:

Michael Lewis: “The two-page wording of text is problematic.”

Even Lockhart Mayor Lew White said he was glad he didn’t have to read the entire original ballot measure. Lewis said voters wouldn’t be happy to read it either.

Mike Siegel, general counsel for Ground Game Texas: “We think you can come up with one sentence rather than a 500-word description.”

Elle Cross, representing Mano Amiga: “The current wording is not only confusing but also ridiculous. Texas law is on our side here.”

Roland Dozier, Jr.: “It looks like (the ballot wording) is trying to be killed by a thousand cuts.”

Len Gabbay called the wording “gobbledygook,” and said its appearance of an underhanded method to confuse people had “no integrity.”

Finally, Charles Cloutman said the lengthy wording would cause “voter fatigue,” particularly in a General Election that will have several pages of items on which to vote.

“The last thing you want to do is put it on the bottom of the ballot and make it two pages long,” Cloutman said. “I am 71. I don’t smoke dope. I think it’s wrong that we criminalize people who do. Let’s get on with life.”

Mayor White noted the importance of the decision for the community, and that it needed to be understood, adding changing a city’s charter was much more difficult than making an ordinance.

“This is going into our charter, and is going to be with us for years,” White said, if the vote is passed. “This is something that is going to change, to a degree, the face of our community.

In other business:

Council approved a zoning change request with a revision to the development at 416 N. Church Street by Mainsprings Development. The development will include a mix of rental units, a rental building, mixed retail, a restaurant, vacation rentals, and a special events lawn. There will be 17 rental units and 47 parking spots at the site.

City Planner David Fowler said the development would feature outdoor lighting, with the biggest difference in the zoning change request being townhouses that would have been for sale are now going to be rentals.

Fowler also said there would be a pool and live music on occasion.

Winn Smith, who is part of the ownership group, advised Council the project had begun during the COVID shutdown period, and had finished with Phase 1 of 4.

Smith also noted a spring-fed creek ran through the middle of the property.

“I am really excited about what it’s morphed into,” Smith said. “We have re-invigorated the ruins in the area. The restaurant will have a deck. The whole design is to fit in with the neighbors. We’ve been very communicative with the church and all the neighbors about our plans. We’re not looking to host weddings, rather smaller events. We also don’t want to be a nuisance to people who stay on our property.”

Two people addressed Council concerning the property, one asking about “insects, lizards, and birds,” and the other concerned about fertilizer used on the property washing into the creek.

The zoning change request was approved by the Council by a 6-1 vote, with Council member Castillo voting against it.

Kenneth Johnson addressed Council regarding ongoing drainage issues at Century Oaks Drive that he said the city is supposed to maintain but said has had no response in more than a year of complaining about the issue.

City Manager Steve Lewis noted a Homeless Outreach Team (HOT) had been comprised and its first objective will be assessing the needs of the homeless.

A pair of public hearings — on Aug. 20 and Sept. 3 at 7:30 p.m. in the council chambers at the Dr. Eugene Clark Library – have been set for the 2024-2025 City of Lockhart proposed budget.

Mayor White read a proclamation declaring Aug. 4-10 as National Health Center Week.

City Council will not meet on its usual dates of Tuesday, Oct. 1 (National Night Out) and Tuesday, Nov. 5 (Election Day). Those meetings will either be canceled or moved to the following Thursday evening, but Council has yet to decide.

Lockhart ISD begins school on Aug. 20, but the city pool remains open through August with modified hours of operation.