Pubdate: Wed, 02 Mar 2005
Source: Mobile Register (AL)
Copyright: 2005 Mobile Register
Contact:  http://www.al.com/mobileregister/
Details: http://www.mapinc.org/media/269
Author: Susan Daker
Bookmark: http://www.mapinc.org/coke.htm (Cocaine)

CITY CLOSER TO BANNING SMALL GLASS TUBES

The Mobile City Council moved one step closer Tuesday to passing a 
ordinance to outlaw small glass tubes that police say are used to smoke 
crack cocaine, although sale and possession of such pipes apparently 
already are banned under state law.

In a public safety committee meeting Tuesday afternoon, members of the City 
Council and Richard Cashdollar, the city's public safety director, asked 
that the council's lawyer redraft a proposed ordinance that would mirror 
the language of the Alabama law.

State law forbids the use, possession, delivery or sale of drug 
paraphernalia, defined as "equipment, products, and materials of any kind 
which are used, intended for use, or designed for use ... introducing into 
the human body a controlled substance in violation of the controlled 
substances laws of this state."

If passed at the council meeting next Tuesday, the city's version of law 
would specifically note that small glass hollow tubes are forbidden to be 
used or sold as drug paraphernalia.

The council's lawyer, Jim Rossler, said that adopting wording similar to 
that of the Alabama law would be a way to send the public a message that 
the city is against drugs without putting the city at much risk for 
lawsuits about the constitutionality of banning the pipes.

At the last City Council meeting, councilmen Ben Brooks said he wanted 
Rossler to review and find the tightest language for creating an ordinance 
that would stand up in court.

Some council members said they would vote for the ordinance but expressed 
concern that the council was passing a law that would not have any effect 
on the drug problem in Mobile.

Clinton Johnson said that of course he was against the use of drugs but, "I 
want my message to have results."

"It's very petty," Johnson said. "If I participate I want it to mean 
something."

Johnson said he voted in favor of the ordinance, though.

Councilman Fred Richardson said that state law already gives the police the 
ability to arrest people for the use of crack pipes.

"Police aren't stupid," Richardson said. Plus, he said, users can go to 
Baldwin County or Prichard and buy the pipes.

In response, Councilwoman Connie Hudson said, "Let them go elsewhere."

Brooks said that the council should continue with the momentum that the 
news media and council have already created by discussing the pipes. 
Already the pipes are coming off convenience stores' shelves, Brooks said.

Attorney Claude Patton attended the public safety meeting and told the 
committee that he thought the ordinance wouldn't hold up in court.

Having represented people who use ink pens, copper pipes and stereo 
antennas as drug paraphernalia, Patton said if the city banned the pipes 
drug addicts would readily find new instruments from which to smoke crack.

Patton said he attended the meeting on behalf of clients who wished to 
remain anonymous. He told the committee members they would have to meet 
every week to ban a new device for smoking drugs.

Lawyers could easily challenge the law and that the police would have a 
hard time enforcing it, Patton said. Some members of the council were 
unfazed by the lawyer's comments.

"I'm ready," Brooks said. "Let's stay on their (drug users) tails."
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MAP posted-by: Beth