Decriminalize Denton’s pledge deadline passes with only one candidate signing vow to uphold Prop B

Those requirements are also the reason City Manager Sara Hensley refuses to implement all of the new ordinance. As Hensley and several council members have pointed out, it violates state and federal laws.

Nick Stevens from Decriminalize Denton claimed Hensley’s unwillingness to do so was the reason the local grassroots group created the April 8 pledge for council members and candidates to sign.

“The pledge is for the public to understand how council members will uphold the will of the people,” Stevens told the Denton Record-Chronicle earlier this month. “You can say all day long that you support Proposition B and then if you do nothing to support it, you are not an ally.”

The deadline Decriminalize Denton gave to sign the pledge was 11:59 p.m. Thursday. While several officeholders and candidates offered written responses, only one person signed the pledge: Stephen Dillenberg, a District 3 council candidate.

“The organic law says weed is not to be decriminalized,” Dillenberg wrote in his response to Decriminalize Denton. “Rather, it says any part of creation (weed included) is not and never was subject to someone else’s control, as any individual’s relationship with God or other parts of God’s creation remains outside the scope of ‘lawful’ governance; until of course, they individually cause harm. This obviously extends to all entheogens, and to that point I intend to see them all rolled out responsibly to all people who desire to benefit from the trauma resolution they provide.”

In a Sunday evening message to the Record-Chronicle, Decriminalize Denton said it hoped Denton voters were following along with candidates’ and council members’ responses and non-responses.

“These candidates’ words speak volumes and so do their silences,” Decriminalize Denton wrote. “We sincerely hope that the May election results in a Council majority with the backbone to stand up against the insubordination of these city administrators and to put the will of the people before the opinions of hired staff.”

Released April 8, the pledge to enforce Proposition B required candidates and current council members to reaffirm their willingness:

• To direct the city manager to direct the police chief to fully enforce the cannabis decriminalization ordinance.
• To recognize that Proposition B is the overwhelming will of Denton voters citywide and in each of Denton’s four council districts.
• To acknowledge that there have been no successful legal challenges against Proposition B or against similar ordinances in other Texas cities thus far; nor has there been any legal or political action or opinion that would require the city to override, undo or alter Proposition B as it is written.

The last point is no longer the case. Last week, Bell County filed a lawsuit against the city of Killeen to stop the enforcement of a similar marijuana decriminalization ordinance that voters there approved in November, according to KCEN-TV.

As the news station reported Friday, Bell County commissioners are calling Killeen’s marijuana ordinance inconsistent with state law and therefore invalid and also unconstitutional. They cite Article XI Section 5(a) of the Texas Constitution to support their unconstitutional claim: “No ... ordinance passed under [a city] charter shall contain any provision inconsistent with the Constitution of the State or the General laws enacted by the Legislature of this State.”

In a Friday news release, Decriminalize Denton shared the results of its April 8 pledge request as follows:

District 1

District 1, where Proposition B was passed by 75% of voters who cast ballots, incumbent council member Vicki Byrd sent a written statement while her challenger, former District 1 council member Birdia Johnson, did not.

Byrd thanked Decriminalize Denton for its “very admirable task” of bringing together the community to near agreement on the matter.

“However, as I’ve reiterated before, my primary issue and concern is the adverse consequences shown to our Law Enforcement Officers as they traverse being safe while working on the job. I am not signing the pledge because this conversation is not completed,” Byrd wrote. Byrd is a former police officer.

District 2

In District 2, where 75% of voters supported Proposition B, incumbent council member Brian Beck sent a written statement explaining that while he supports the issue, he couldn’t sign the Decriminalize Denton’s pledge.

“While I completely support the will of the people along with the advocacy of Decrim Denton and have said so many times in public and at the dais, signing a pledge would tie my hands as a representative and limit my ability to consider new information or make nuanced decisions based on the specific circumstances of a given situation and discount ongoing dialogue and debate between citizens and elected officials,” Beck wrote.

District 3

District 3 incumbent Jesse Davis, who’s also facing a recall election, didn’t offer a response. In his district, 83% of voters cast ballots for Proposition B in November. Out of his two challengers for the District 3 seat, Dillenberg was the only one to sign the pledge. The other challenger, former at-large council member Paul Meltzer, offered a written statement about his support via Twitter with a campaign promise.

“I view it as my duty to the voters — to whom I answer — to enshrine the overwhelming supported Proposition B into ordinance so that it can be fully enacted,” Meltzer wrote in an April 13 Twitter post. “I support defending the will of the voters in court if necessary & will insist that we advocate for our state & federal representatives to hear our city’s voice on this and pass decriminalization legislation, along with appropriate protections for public safety and health.

“I hope to be part of a majority on council that will help staff find a path forward to respect, enact, and defend the clear guidance of our community.”

District 4

In District 4, where Proposition B was passed by 61% of voters, none of the three council candidates responded to Decriminalize Denton’s request. Those candidates are Joe Holland, Stephanie Neuharth and Donald Thornton.

At-large

Citywide, Proposition B received 72% of the vote. Neither of the at-large council members — Brandon Chase McGee in Place 5 and Chris Watts in Place 6 — offered a response to Decriminalize Denton’s pledge.

Mayor Gerard Hudspeth, however, did offer a negative written response on his Facebook page. As Decriminalize Denton indicated in its Friday news release, Hudspeth had some choice words for the group and one of its members, Deb Armintor.

“Dear former council member Armintor & Decriminalize Denton, I refuse to be intimidated!” Hudspeth wrote. “I swore to follow the law and I will do that, even in the face of your pressure tactics. How fitting that this email was sent on the eve of Easter! Romans 13:1-7 (seems appropriate).

“I’m getting ready … if you want a Mayor that can stand against Deb Armintor — I need your support to get ready! If you are in the position to do so … go to the site below and donate, pray for me and my family & share this post.”

The first Bible verse Hudspeth cited says: “Every person is to be in subjection to the governing authorities. For there is no authority except from God, and those which exist are established by God.” According to thebiblesays.com, Romans 13:1-7 relates to Paul the Apostle instructing believers to live in submission to authorities in government because God put them there for his purpose.

Decriminalize Denton didn’t offer any Bible verses in its Friday news release but did point out why they felt it was important for the residents to organize:

“ON CITY STAFF, Denton’s City Manager and Police Chief continue to refuse to enforce Prop B FOR NO GOOD REASON. PROTEST their insubordination. Make your voice and your vote be heard! Enforce Prop B! Democracy in Denton NOW!”

The City Council plans to discuss which portions of the new Proposition B ordinance they can implement at the Tuesday afternoon work session.