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Lockhart Freedom Act gets new life

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By Kyle Mooty

LPR Editor

Despite the presumption of its demise, the Lockhart Freedom Act (LFA) has been given a chance at a new life.

At last week’s meeting of the Lockhart City Council, Proposition A, which passed with 68 percent of the vote at the Nov. 5 General Election, was originally accepted by the council.

However, upon a re-vote on Dec. 3, council voted against the decriminalization of some marijuana laws, following a concern of it being against state law.

Now, council has agreed to revisit it again at-a-yet to be determined council meeting.

Council member John Castillo requested that council discuss the LFA once again.

Several residents, all in favor of the LFA, spoke at the city council meeting.

Council directed city staff to place a proposed resolution on a future meeting agenda. The proposed resolution would repeal the previous Resolution 2024-37.

“All I’m trying to do is get this proposition accepted by the vote of the community,” Castillo said. “Basically, the whole intent is to honor democracy. I’m just trying to keep up with what our country was founded on. Whether you were for it or against it, it has passed. It concerns me that we’re not honoring the vote.”

Among the several people that spoke during the public comments, one man said that he had, “smoked pot back in the 60s, 70s, and early 80s. I never had the feeling to step on the gas hard when I was partaking. I don’t think a minor or anyone else should face criminal charges for low amounts. I’m not condoning it or saying everybody should smoke pot.”

Another man said he had grown up in Lockhart and had always been confident in his community.

“Despite out differences, we’ve always done what’s right for our neighbors,” the speaker said. “The result of that (original) vote is one of the many moments that reinforced that confidence in my community and makes me proud to live in Lockhart.

“However, that confidence was shaken when I learned our council was essentially rendering our voices null and void, effectively putting the Lockhart Freedom Act in limbo. If the council refuses to enact the will of the people, all I can say is, we’ll be seeing you at the ballot box.”

Yet another speaker said, “This can’t fly. People voted yes. And you said no because we’re afraid of a cowboy in Austin.”

One of the final speakers wanted transparency from the council as to why members changed their vote.

“What happened?” asked the speaker. “Why haven’t your concerns been voiced to us so we can understand.”

Among other accusations addressed by the public included stating Texas Attorney General Ken Paxton was “a crook,” and that the city council not accepting the vote was “horrifying.”

Lockhart Mayor Lew White said the city knew in advance that it would go against state law, but that it was required to place it on the ballot after it met all qualifications.

City Attorney Brad Bullock noted Resolution 2024-37, which includes:

* The city is prohibited by its charter from adopting any laws/rule/regulations that conflict with state and federal law;

*The city is prohibited by state law from adopting policies that do not fully enforce drug laws. Resolution 2024–37 simply recognizes that the city is prohibited by state law from adopting a policy that does not fully enforce all drug laws;

* To the extent the Lockhart Freedom Act reports to prohibit a full enforcement of drug laws, state law makes such a policy unenforceable;

* Resolution 2024–37 also calls on state and federal legislators to resolve this conflict between the local and state/federal drug laws.

“I want to keep my client, the City of Lockhart, out of the courtroom,” Bullock said. “I don’t want (it) to get sued if we can avoid it by the proponents of the Charter amendment, and I don’t want then to get sued by the State of Texas, because that is a cost the taxpayers have to bear.”

Several times, White had to inform some in the audience to stop their outbursts.

Council member John Lairsen said it was his opinion that if the majority of the citizens voted for something on the ballot, “it’s worth going through the court system to fix the issue.”

Council member Jeffry Michelson said he had originally voted against it because, “of what the police can and can’t do.”

Lockhart Police Chief Gary Williamson addressed the issue of officers smelling the odor of marijuana not being accepted as probable cause to search a vehicle.

“Often, during a traffic stop, we’ll use the odor of marijuana as probable cause for searching a vehicle,” Williamson said. “At times, that will reveal other crimes. If we don’t have that tool, we are missing potential crimes.”

Williamson expressed more concern on the subject of disciplining officers that did not follow LFA.

“If I start disciplining officers for doing their jobs, I’m going to lose credibility, I’m going to lose officers,” Williamson said. “When I was hired here, two years ago, this police department was in shambles. It has taken a long time to get where we are, and we’re not even at full strength, and I’m fearful that we’ll take a step backwards.

“I also said in that executive session that I will not discipline officers for doing their jobs.”

Mayor Pro Tem Angie Gonzales-Sanchez was absent from the meeting for personal reasons, and although Mayor White asked the council if it wanted to vote again on the matter, Council member Brad Westmoreland said he felt as though all voices needed to be heard, requested a delay until all members could be on hand. 

“This council is very vetted to this community,” Westmoreland said. “It’s a great place to live. We’re not hiding anything.”

Mayor White said he believes the city had followed the proper steps and reminded everyone that they had taken an oath of office to uphold state law.

In other business:

* Council approved amending a Chapter 380 Incentive Agreement with Holiday Inn Express (Lockhart Hospitality, LLC) in regard to extending the hotel completion date. The new completion date has been set for Dec. 30, 2027.

Holly Malish, Director of Economic Development for Lockhart, said Holiday Inn Express was still planning on a 90-room building that will include a 1,200-square feet meeting area that will accommodate up to 60 guests.

The hotel also plans to recruit a restaurant.

The holdup for the extended opening has been a traffic impact analysis by TxDOT.

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