Voters in the Texas city of Lockhart overwhelmingly voted in favor of a marijuana nonenforcement, or decriminalization, ordinance in November 2024.
The City Council, however, appears to be clashing with the wishes of the community, leading local advocates to plan a pointed pizza protest on Thursday, Jan. 23.
During a session on Dec. 3, 2024, the Lockhart City Council discussed the legitimacy of the Lockhart Freedom Act, a marijuana nonenforcement ordinance that passed with 68% of the vote. Councilmembers voted 4-3 in favor of a resolution calling for the Texas Legislature and the U.S. Congress to provide clarification and guidance on how to implement such an ordinance.
The council will address the resolution during a meeting Thursday, Jan. 23, and a public comment period is expected. At 6 p.m., local advocacy publication Caldwell/Hays Examiner will offer free slices of pizza to attendees. But these aren’t your average slices of pizza.
The publication plans to cut each of the four pizzas to 68% of its original size to symbolize the Freedom Act’s 68% approval by Lockhart voters.
“Our free meal aims to creatively remind local officials of the overwhelming popularity of The Reeferendum (Freedom Act) among Lockhart voters, which a few of these Councilmembers are daring to undemocratically disregard, despite the clear election results,” said Sam Benavides, the managing editor of the Caldwell/Hays Examiner.
In a release dated Dec. 23, 2024, the city of Lockhart noted the Freedom Act’s “potential conflict with state law” — citing Chapter 370.003 of the Texas Local Government Code, which reads as follows: “The governing body of a municipality, the commissioner’s court of a county, or a sheriff, municipal police department, municipal attorney, county attorney, district attorney or criminal district attorney may not adopt a policy under which the entity will not fully enforce laws relating to drugs.”
The council meeting will take place Jan. 23 in the Council Chambers on the third floor of the Clark Library Annex, 217 S. Main St. While the meeting officially starts at 6:30 p.m., the pizza protest is set to begin at 6 p.m.
Lockhart officials say city is ‘at risk of being sued’ over marijuana ordinance
The passing of the Lockhart Freedom Act called for the city charter to be amended to remove criminal penalties for the possession of 4 ounces or less of marijuana in the Lockhart city limits.
While voters in other Texas cities have passed similar ordinances, each city has been sued by Texas Attorney General Ken Paxton for doing so. However, Travis County Judge Jan Soifer tossed out the lawsuit against the city of Austin nearly four months after Paxton filed it, and the lawsuit against San Marcos was reportedly dismissed.
Regardless of what happened in other Texas cities, it appears the Lockhart City Council is trying to avoid any issues with Paxton or with Texas law.
“Due to the Lockhart Freedom Act’s potential conflict with state law as approved by Lockhart voters, the City of Lockhart is at risk of being sued by the Texas Attorney General’s Office, which has already sued several Texas cities for their adoption and implementation of ordinances/charter amendments similar in purpose and scope to the Lockhart Freedom Act,” the city said in a release.
