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BY MANDY BOLEN Key West Citizen Staff

The Wisteria Island Committee, formed to prevent the city from annexing the offshore island or any other land without Key West voters’ approval, has hit a snag and is considering a lawsuit against the city. The committee’s goal is to collect about 1,400 signatures on a petition to have a referendum placed on the Oct. 2 ballot that would amend the city charter to require voter approval for any future annexation. But City Attorney Shawn Smith late Tuesday said, “I do not believe that a referendum can legally be required for a voluntary annexation.” He sent a letter outlining a Florida Attorney General opinion and its legal basis to Committee Chairman Bruce Ritson, also a lawyer. Smith told Ritson, “I would be remiss in not bringing this opinion to your attention as I would hate to think that you and your members could invest a significant amount of time and energy on an issue that would likely be declared unlawful.” Ritson said he interprets the opinion differently, saying it applies to whether a city commission may call for such a referendum, not the voters. “Simply put, it absolutely cannot be the case that citizens are without the power to change the municipal charters of their own hometowns: That would leave no way to change a city charter, regarding the rules of annexation, and that would be unconstitutional,” Ritson said. “Our recourse is now with the courts, where the empty thinking of the city attorney and the city clerk may be exposed.” Ritson said City Clerk Cheri Smith refused to give him blank petitions with which to collect signatures. She acknowledged the city charter says the city clerk will provide petition forms, but the office never has had such forms, and groups always have provided their own. Annexation is the first step toward developing property, because once the city gains control of an area, it is subject to the city’s building laws and entitled to city services. Developers had requested the city annex Wisteria Island, owned by the Bernstein family, but later withdrew their request without explanation. Soon after, the City Commission voted against placing a nonbinding referendum on the Oct. 2 ballot that would have asked voters ifthey wanted the city to annex the island.

mbolen@keysnews.com*