Lit_Match

Nevada marijuana measure backers lose bid to gag officials
11-02-06 | Las Vegas Sun | By Ken Ritter

A Nevada judge refused Thursday to ban elected officials and a police lieutenant from
speaking against a statewide ballot initiative that would decriminalize marijuana.

Clark County District Court Judge David Wall said government officials had a right and a
duty to publicly discuss political matters like Question 7, which would legalize
marijuana possession by adults, said Michael Sommermeyer, a court spokesman.

Wall said the Clark County Commission, Nevada Board of Regents and other officials did
not violate state ethics rules while discussing the proposal during public meetings.

Neal Levine, manager of the group backing Question 7 on the Tuesday ballot, called it
"highly likely" the Committee to Regulate and Control Marijuana would appeal.

Levine said Wall's ruling that public officials have a First Amendment right to political
speech ignored a state law prohibiting campaigning on public time.

The marijuana advocate said the ruling would let boards, commissions and public officials
spend taxpayer money to back favored initiatives and candidates.

"This is a bad ruling by an activist judge. It should not stand," Levine said.

But Levine acknowledged that an appeal would not be heard until after Tuesday's election.

The measure would make Nevada the first state to tax and regulate the legal sale of up to
an ounce of marijuana to those 21 and older.

The lawsuit, filed Oct. 19, named all seven Clark County commissioners, six of 13 Nevada
university regents, Washoe District Attorney Dick Gammick and Las Vegas police Lt. Stan
Olsen as defendants.

Wall's ruling Thursday affected all the officials but Gammick, Sommermeyer said. The
judge said an attempt to gag the Washoe County district attorney would have to be filed
in Washoe County.