Appeals court agrees with decision to toss Bradshaw’s lawsuit against rival ballot measure

  

KANSAS CITY, Mo. — Brad Bradshaw’s attempt to oust a rival medical marijuana measure from the November ballot hit another snag this week when the appeals courts sided against his lawsuit.

On Tuesday, the Missouri Court of Appeals-Western District affirmed the decision by a Cole County Circuit Judge Patricia Joyce to dismiss the case brought by Bradshaw against the initiative petition backed by New Approach Missouri.

The Springfield doctor and attorney sought to have the Secretary of State revoke the certification of sufficiency because of the practices and procedures used during the signature collection process. He was not challenging the validity of the signatures.

In her original opinion, Joyce noted that even if the signatures had been improperly collected, the Missouri Supreme Court has already ruled that the deciding factor when deciding whether to remove a ballot question lies with the proving of whether the signatures gathered are those of registered voters, not how the signatures were gathered.

The Court of Appeals-Western District affirmed the decision.

“The trial court did not err in granting the Intervenors’ motion to dismiss Bradshaw’s petition for failure to state a claim, even presuming the factual allegations…to be true.” the appeals court said in a 24-page decision.

The decision notes that the lawsuit fails to state a claim for compelling the Secretary of State’s certification of the sufficiency of the measure to be reversed.

“Today’s decision brings an end to personal-injury attorney Brad Bradshaw’s desperate attempt to keep a reasonable, veteran-focused medical marijuana measure off the ballot in November,” said Jack Cardetti, spokesman for Amendment 2. “We look forward to talking to voters about how Amendment 2 is supported by a true coalition of patients, doctors and veterans that want health care treatment decisions put back in the hands of doctors and patients. In contrast, Brad Bradshaw’s Amendment 3 establishes the highest tax on medical marijuana in the country, while appointing himself as the head of a new, unaccountable government bureaucracy. 

“We are confident that when Missouri voters examine the differences they will make the right choice and choose the safe, responsible approach to making Missouri the 31st state to allow doctors to recommend medical marijuana to patients with debilitating illnesses.”

Read the Appeals Court’s decision here.

Alisha Shurr is a reporter for the Missouri Times and Missouri Times Magazine. She joined the Missouri Times in January 2018 after working as a copy editor for her hometown newspaper in Southern Oregon. Alisha is a graduate of Kansas State University. Contact Alisha at alisha@themissouritimes.com.