Unsplash / Thought Catalog
Paxton's lawsuit targets five cities where voters approved decriminalizing small amounts of pot.
Voters in Austin, Denton, Elgin, Killeen and San Marcos approved ballot initiatives designed to halt arrests and criminal penalties for those caught with less than four ounces of weed. Each of the proposals was approved by 70% or more of voters in those municipalities.
In a press statement, Paxton, a Republican, accused the cities of violating the state constitution by enacting ordinances that contradict drug laws passed by the Texas Legislature.
“I will not stand idly by as cities run by pro-crime extremists deliberately violate Texas law and promote the use of illicit drugs that harm our communities,” Paxton said in the colorfully worded statement. He went on to describe pot as being "increasingly linked to psychosis and other negative consequences."
In an emailed statement, Ground Game Texas — the progressive group that worked to get decriminalization on the ballot in all five cities Paxton sued — said state law protects municipalities' rights to set their own law enforcement agendas.
“Ken Paxton’s lawsuits represent an anti-democratic assault on the constitutional authority of Texas Home Rule cities to set local law enforcement priorities," Ground Game Texas Director Julie Oliver said. "In each of the cities sued, a supermajority of voters adopted a policy to deprioritize marijuana enforcement in order to reduce racially biased law enforcement outcomes and save scarce public resources for higher priority public safety needs."
Oliver also targeted Paxton's own legal problems, which include a years-old felony securities fraud indictment and a reported federal investigation for financial crimes. Paxton, who survived a high-profile impeachment trial in the Texas Lege last year, also may face a jury trial to defend himself against former deputies who accuse him of firing them in retaliation for raising ethical concerns about his work as AG.
“This lawsuit is an obvious attempt to deflect from Paxton’s embarrassing legal jeopardy and diminishing political influence," Oliver added.
To date, Ground Game Texas has led or worked on a decriminalization initiatives in 10 Texas cites, including San Antonio. Last year, Alamo City voters overwhelmingly rejected that measure, which tied decriminalization to a more controversial proposal expanding cite-and-release for minor crimes.
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