Wednesday, November 29, 2006

Pro-marijuana petitioner seeks compensation

Davidson files new motion seeking legal fees from Sun Valley


By TERRY SMITH
Express Staff Writer

RYAN DAVIDSON

The man who won an Idaho Supreme Court decision regarding a pro-marijuana initiative in Sun Valley is now seeking an estimated $50,000 in compensation from the city.

Ryan Davidson, chairman of Liberty Lobby of Idaho, filed a motion with the Supreme Court earlier this month requesting that the five high court justices reconsider their earlier denial of awarding him attorney fees in his successful case against Sun Valley.

"The Supreme Court said they (Sun Valley) were breaking the law, and they should have to compensate me for it," said Davidson, referring to his two-year legal battle with Sun Valley to have an initiative to legalize marijuana in the city put before the voters.

The high court ruled unanimously in September that Sun Valley did not have the right to determine the legality or constitutionality of Davidson's pro-marijuana initiative petition. The justices, however, declined to award Davidson attorney fees.

Davidson, who is not an attorney, said the court's denial of awarding him fees is discriminatory.

He argues his case in a 28-page brief filed with the court in a "petition for rehearing."

Davidson contends that not awarding attorney fees to pro se (non-attorney) litigants can expose them to frivolous litigation from government entities, which would not run the risk of having to pay attorney fees even if they lose a case.

"This was not a case about marijuana," Davidson wrote. "This was a case about the right of every Idaho citizen to pick up a clip board and to gather signatures for a cause they believe in, without having to worry about being sued or harassed by the government."

Davidson told the Idaho Mountain Express that he fought the city of Sun Valley at significant expense to himself that he figures is worth about $50,000.

Adam King, the Sun Valley assistant attorney who has handled the case, said he had no comment on Davidson's latest court filing.

Meanwhile, Davidson, a former Bellevue resident who now lives in Garden City, said he has no immediate plans to pursue his pro-marijuana initiative in Sun Valley or in Ketchum or Hailey, where he also turned in petitions seeking to have pro-marijuana initiatives put to the voters.

"Obviously, I'd like to do it, but I have no funding now," he said.

"All three cities have petitions in front of them," Davidson said. "They should certify them."




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