UPDATE: The Court of Appeals has agreed to hear the stay. Hearing date tba.
Bellingham's Proposition 2 (No Coal!) has requested an emergency stay and discretionary review from the Washington State Court of Appeals citing imminent harm if the initiative is barred from the November ballot (a decision on the stay is required by August 28th to meet deadlines for county elections).
No Coal! argues that the Judge reversed long-standing precedents barring pre-election initiative challenges based on allegations of invalidity and compromised free speech protectons of the initiative organizers and signers, among other claims .
Furthermore, the Judge ruled in part that Prop. 2 should be barred from the ballot in part because it challenges state and federal law - whereas Washington's Marijuana Legalization Initiative 502 has not been barred, but it also conflicts with state and federal law.
Read the full documents (pdf):
