Dereck L. Kinner
Florida Times Union staff writer
Appeared in Florida Times Union Dec 3, 1998
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 FloridaCannabis Action Network. The same group won an injunction against JacksonvilleBeach 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".