Marc Ellinger and Tom Rynard filed a lawsuit in St. Louis County challenging Charter Amendment E (a smoking ban measure). The lawsuit alleged the measure failed to comply with the requirements of the County Charter for ballot measures, violated Section 18(c) of the Missouri Constitution (concerning county charter amendments), and violated County Code requirements regarding initiative petition warning language, ballot summaries, ballot titles, and circulator verifications. The lawsuit was filed on September 5, 2018 and went to trial on September 14, 2018. Judge Zellweger entered judgment in favor of Plaintiff Moeller, finding the initiative petition violated the County Charter and County Code provisions relating to initiative petitions. Judge Zellweger ordered that although the measure will still appear on the ballot, the votes on the measure should not be counted. Intervenors (ballot measure proponents) appealed, and Plaintiff Moeller filed a cross appeal. The Notice of Appeal was filed on September 19, 2018 and briefing was completed by September 28, 2018. Marc Ellinger argued the case on behalf of Plaintiff Moeller in the Eastern District Court of Appeals. On October 10, 2018, the Eastern District affirmed the trial court’ s judgment in favor of Plaintiff Moeller in a Rule 84.16(b) order.
Case Nos. 18SL-CC003283, ED107148, ED107149
Read more here:
Stronger St. Louis County smoking ban will be on Nov. 6 ballot – but the results won't be counted
Judge boots strong St. Louis County smoking ban from Nov. 6 ballot