District Court, Larimer County, Colorado Court Address: 201 LaPorte Avenue, Suit 101 Fort Collins, Colorado,

80521 Alfred P. Reaud, Plaintiff, vs. Wanda M. Krajicek, in her capacity as Fort Collins City Clerk, Defendant Party Without Attorney: Name: Alfred P. Reaud Address: 1104 Columbine Court, Apt. 3 Fort Collins, CO 80521 Phone Number: (970) 672-8298 E-mail: alreaud@comcast.net

COURT USE ONLY Case Number: 11CV

Div:

Ctrm:

COMPLAINT

Plaintiff Alfred P. Reaud, an adult resident of Fort Collins in Larimer County, Colorado and registrant into the Colorado Medical Marijuana Registry, respectfully requests this Court grant the relief of a temporary restraining order and permanent injunction against Defendant Wanda M. Karjieck, in her capacity as Fort Collins City Clerk enjoining the Fort Collins City Clerk from placing on the ballot in any election in Fort Collins the Local Option, specified in CRS 12-43.3-106, as requested by certain Fort Collins citizens on May 11, 2011 via Notice of Intent to Circulate Intitative Petition. As grounds Plaintiff contends: 1. Article XVIII, Section 14 (the Amendment) of the Colorado Constitution does not provide for a municipality to exempt itself from the section. 2. No municipality incorporated in Colorado can exempt itself from the Colorado Constitution without specific authorization in the Colorado Constitution. 3. The affirmative defense in Subsection 2(d) of the Amendment

to "dispensing" can only be interpreted if the drafters of the amendment allowed for or contemplated "dispensaries". 4. Plaintiff has the legal right to procure medical marijuana at places that dispense, as granted for by the Amendment. 5. The Colorado Legislature cannot unilaterally modify the Colorado Constitution via legislative action to abrogate the rights granted by the voters in the Amendment. 6. The Colorado statute, CRS 12-43.3-106, enacted by the Legisthat grants voters the Local Option is unconstitutional because it wrongfully grants local voters the right to negate Plaintiff's statewide rights guaranteed by the Amendment in the Colorado Constitution. 7. Allowing a vote in Fort Collins, where Plaintiff resides, on the "Local Option" would irreparably and permanently damage Plaintiff's Colorado Constitutional rights with respect to the Amendment. 8. There is an easily identifiable minority class in Fort Collins with similar status as Plaintiff that would also be affected and also irreparably and permanently loose their Colorado Constitutional Rights guaranteed under the Amendment if the Local Option is exercised in Fort Collins. Therefore, Plaintiff respectfully requests this Court grant Plaintiff's request for relief and issue a temporary restraining order and permanent injunction against Defendant Wanda M. Karjieck, in her capacity as Fort Collins City Clerk enjoining the Fort Collins City Clerk from placing on the ballot in any election in Fort Collins the Local Option, specified in CRS 12-43.3-106.

Signed this ____________ day of May, 2011, ___________________________________________ Alfred P. Reaud, Pro Se