Two Colorado Springs residents are suing the city over a ballot measure set for April that would overturn a recent voter-approved ordinance to allow recreational marijuana sales.

The lawsuit was filed in El Paso County District Court on Friday on behalf of Renze Waddington, the owner of a medical marijuana dispensary, and Adam Gillard, the executive director of El Paso County Progressive Veterans. It alleges the City Council violated Amendment 64 of the Colorado Constitution, which says that local ballot measures to prohibit recreational marijuana sales need to be on the general election ballot during an even year.

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“It is not only outrageous that this council believes it can overturn the will of the voters simply because they don’t agree with the result, but it is blatantly unconstitutional,” Tom Scudder, the president of the Colorado Springs Cannabis Association, said in a statement. “We look forward to the courts enforcing the voters’ will and sending a message to this city council that they do not have absolute authority over its citizens.”

Voters approved Question 300 by about 22,000 votes in November to allow licensed medical marijuana shops in the city to also sell recreational marijuana. A competing ballot measure to ban recreational marijuana was defeated, though preliminary results suggested that it too had passed.

Question 300 also included a 5 percent sales tax for public safety programs, mental health services, and PTSD treatment for veterans.

But on Jan. 28, the City Council voted 7-2 to put the issue back on the ballot, with some members saying the dual marijuana ballot issues and premise of Question 300 could have been confusing to voters.

“I think it really could have had the impact that something passed that the majority of citizens don’t really support,” Councilmember Dave Donelson said during a meeting earlier this month.

But the lawsuit argues that such a question cannot appear during this type of election.

“The Colorado Springs city council acted without regard to the Colorado Constitution which specifically prohibits the city council’s gambit here,” the lawsuit reads.

The referred measure would ask voters to repeal Question 300, which is functionally the same as prohibiting recreational marijuana sales, the lawsuit argues. The Colorado Constitution states that “any initiated or referred measure to prohibit … retail marijuana stores must appear on a general election ballot during an even numbered year.”

The lawsuit also alleges that the referred measure misleads voters by not mentioning that repealing Question 300 would also prevent the collection of new sales tax revenue. Plaintiffs want the court to prevent the repeal measure from appearing on the April ballot or order an amended ballot title.

Colorado Springs must mail out military and overseas ballots 45 days before the election, February 14.

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