Pubdate: Fri, 20 Jun 2008
Source: Idaho Mountain Express (ID)
Copyright: 2008 Express Publishing, Inc
Contact:  http://www.mtexpress.com/
Details: http://www.mapinc.org/media/2296
Author: Michael Ames
Bookmark: http://www.mapinc.org/decrim.htm (Decrim/Legalization)
Bookmark: http://www.mapinc.org/pot.htm (Cannabis)

REEFER MADNESS: HAILEY SUES HAILEY

The Reefer Vote Passed To Sanctify Into Law A De Facto Practice.

Hailey has a drug problem. To refresh your short-term  memory: In 
late May, for the second time in eight  months, Hailey voters 
approved three measures to loosen  city laws governing marijuana. 
Specifically, the  initiatives seek to legalize medical marijuana 
and  industrial hemp and set the enforcement of marijuana  laws as 
the lowest police priority.

The lead in Terry Smith's May 28 Idaho Mountain Express  story said 
it all: "New election, same results."

But Hailey city elders--Police Chief Jeff Gunter,  Councilman Don 
Keirn and Mayor Rick Davis--continued to  defy the fresh, sticky laws 
by maintaining a lawsuit  against the city.

In short, Hailey is suing itself. Dysfunction is rarely  on such easy display.

But what to do about it? This newspaper's editorial  board advised 
Hailey against endorsing the measures,  lest more tax dollars be 
spent on the city's  self-recrimination. As financial advice goes, fair enough.

But frugality is not the main issue here, nor is it the  motive 
behind plaintiffs Gunter, Davis and Keirn's  lawsuit. Theirs is 
instead a mixed signal. Part Nancy  Reagan finger-wag (Just Say No) 
and part desperate  denial (this can't be happening, this can't 
be  happening), these Deciders are going to lengths to  quash 
democratic action.

Granted, their concern is not totally unwarranted. The  pot 
referendums stand in direct opposition to state and  federal law and 
present a real puzzle for local  government. A Hailey city press 
release reminded  everyone that the voters' wishes are "illegal 
because  they are contrary to the general laws of the state of  Idaho 
and the United States."

Right, we got it: Drugs are bad. But this was not a  vote to approve 
child labor, dog-fighting or public  duels. Such efforts would surely 
fail, despite Hailey's  wide, duel-friendly boulevards.

The reefer vote passed to sanctify into law a de facto  practice. Had 
the plaintiffs simply accepted the  mandate, not much would have 
changed in Hailey.  Lighters would have kept right on sparking, bongs 
bubbling and the valley would go on living its life.

Pot reform is common in America. More than a dozen  states have 
legalized forms of medical marijuana and  industrial hemp. Possession 
has been decriminalized to  some extent (i.e. no arrests for first 
offenses) in a  full dozen states including Nebraska and Mississippi.

Mississippi!

Yes, Idaho is a very conservative state and, yes, the  state 
Legislature harbors several dinosaurs (explaining  the current 
Statehouse expansion). But even  conservatives agree that the most 
effective form of  government is that which is closest to the people. 
Now  that Hailey has spoken for change--twice--a select few  have 
decided that they don't like what they hear.

Thomas Jefferson is always good for a quote. Here's  one: "Sometimes 
it is said that man cannot be trusted  with the government of 
himself. Can he, then, be  trusted with the government of others? Or 
have we found  angels in the form of kings to govern him?"

The chief of police, Mayor Davis and Councilman Keirn  are tireless 
public officials. No doubt, they work  harder than anyone to ensure 
Hailey's safety and  prosperity. Perhaps they are simply looking out 
for the  town's best interests.

But they haven't said that. Keirn hopes that a judge  will clean up 
the whole mess, rather than uphold  Hailey's dubious dope 
distinction. "I'd like to get it  behind us," he said.

They didn't want to rock the boat, but by filing a  lawsuit against 
the democratic process, these official  may have overcorrected.
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MAP posted-by: Jay Bergstrom