Good.
Still a crook any way you look
A state district judge in Travis County has dismissed a lawsuit by Texas Attorney General Paxton that sought to nullify voter-approved ordinances in Austin and a few other cities that effectively decriminalize possessing small amounts of marijuana.
In a brief order handed down Tuesday, Judge Jan Soifer essentially said there was no reason for the case to proceed to trial.
“Having considered the pleadings, responses, as well as the arguments of legal counsel and applicable law, the Court is of the opinion that the Defendants’ plea to dismiss the case” should be granted, Soifer wrote.
She dismissed the lawsuit “with prejudice,” meaning that, because she ruled on the legal merits, the case may not be refiled.
Paxton’s office brought the lawsuit — which sought to strike down “non-prosecution” of marijuana possession cases in Austin, San Marcos, Elgin, Killeen and Denton — in January on grounds that local ordinances cannot override state laws.
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In an unsigned emailed statement to the American-Statesman, the city of Austin said the judge’s order means police officers can direct their attention to more urgent matters other than low-level marijuana possession.
“We appreciate the court’s time and careful consideration and are pleased with the outcome,” the statement said. “The ordinance challenged by the now-dismissed lawsuit reflects the will of the voters, who sent a clear message that law enforcement should prioritize resources to focus on critical public safety issues, rather than low-level marijuana possession. At its core, the ordinance does exactly that, without removing reasonable discretion from police officers to enforce the law.”
See here for the background. There was a hearing on June 10, and the ruling came a couple of days later. Paxton has since announced his intention to appeal the ruling. I’ve been hesitant to embrace these local decriminalization efforts precisely because of the argument that the ordinances contradict state law. I’m glad for this ruling but I’m not convinced it will survive the appellate process. Be that as it may, this is a win for the advocates and I hope they can truly celebrate it. There’s a petition drive going on to get a proposition on Dallas’ ballot for this fall, and I wish them well with that. KUT has more.