------------------------------------------------------------------- NORML Foundation Weekly News Release (Post-arrest approval for medical marijuana no protection, California appeals court rules; Increased penalties, prison sentences don't deter drug use, ABA study finds; Athletic association mandates drug testing for Louisiana high school students; Portland, Oregon schools offer students $1,000 incentive to snitch on classmates) From: NORMLFNDTN@aol.com Date: Thu, 4 Feb 1999 17:07:28 EST Subject: NORML WPR 2/4/99 (II) NORML Foundation Weekly News Release 1001 Connecticut Ave., NW Ste. 710 Washington, DC 20036 202-483-8751 (p) 202-483-0057 (f) www.norml.org foundation@norml.org February 4, 1999 *** Post-Arrest Approval For Medical Marijuana No Protection, California Appeals Court Rules February 4, 1999, San Francisco, CA: Patients seeking legal protection under California's medical marijuana law generally must obtain a doctor's recommendation before their arrest, a state appeals court ruled recently. The Court's ruling (People v. Rigo) affirmed the marijuana conviction of a gastritis patient who acquired a physician's recommendation to use the drug three months after police arrested him for cultivation. The defendant said he learned about treating gastritis with marijuana while living in Switzerland and was growing the drug to self-medicate. The Court found that Proposition 215 did not protect the defendant's marijuana use because he made no effort to obtain a physician's recommednation to use the drug prior to his arrest, and no "exigent circumstances" existed to validate his subsequent approval. "Appellant did not seek medical approval until the consequences of the justice system gave him impetus to do so and did not do so in a reasonable amount of time for reasons independent of his arrest," the three-judge Court of Appeal panel unanimously ruled. "The language in the ballot pamphlet emphasized that the purpose of the initiative was to help seriously ill patients who act pursuant to a doctor's recommendation or approval. ...To allow self-medication in ... this case would improperly promote non-medically supervised use of marijuana ... which would frustrate the intent of the voters in enacting Proposition 215." NORML Executive Director R. Keith Stroup, Esq. said that the decision should serve notice to patients who are self-medicating with marijuana. "Patients must obtain a recommendation from a physician or the protection afforded by Prop. 215 will not be available if they are arrested," he said. The appeals court distinguished this case from an earlier ruling (People v. Trippet) made by the Court of Appeals, 2nd Division, that determined Prop. 215 "may be applied retroactively to provide, if its terms and the applicable facts permit, a defense to [an] appellant." In that case, the defendant successfully argued that her doctor's verbal recommendation to use marijuana for migraines qualified her for protection under Prop. 215. For more information, please contact either Keith Stroup of NORML @ (202) 483-5500 or NORML Foundation Litigation Director Tanya Kangas @ (202) 483-8751. *** Increased Penalties, Prison Sentences Don't Deter Drug Use, ABA Study Finds February 4, 1999, Washington, D.C.: Increased enforcement of drug laws and stiffer penalties do not deter the use of marijuana and other drugs, a new study by the American Bar Association found. "The current policy of simply arresting and incarcerating drug users does not work," said Myrna Raeder, chairwoman of the ABA's Criminal Justice Section. NORML Executive Director R. Keith Stroup, Esq. agreed. "We've arrested over 12 million Americans for marijuana offenses since 1965," he said. "It is clear that this punitive approach is ineffective. It's time we stopped arresting otherwise law abiding citizens who smoke marijuana." The ABA study, The State of Criminal Justice, found illicit drug use on the rise despite increased federal funds, higher levels of drug arrests, and higher incarceration rates than at any time in our nation's history. The report also determined that law enforcement priorities are shifting from dealers to users. "While drug arrests were up from 1992 to 1997, nearly 80 percent of those arrests were for possession," it found. FBI figures report that police arrested nearly 700,000 Americans on marijuana charges in 1997. Eighty-seven percent of these arrests were for simple possession. In all, law enforcement arrested more than 1.5 million people on drug charges. The ABA found that the total number of people who had used drugs within the previous month increased approximately 18 percent between 1992 and 1997. It estimated that 14 million Americans are regular drug users, but noted that nearly 80 percent of them only use marijuana. For more information, please contact Keith Stroup of NORML @ (202) 483-5500. Copies of the ABA report are available from the ABA Service Center @ (800) 825-2221 (cite product code 5090073). *** Athletic Association Mandates Drug Testing For Louisiana High School Students February 4, 1999, Orleans, LA: Student athletes at more than 400 Louisiana High School Athletic Association member schools may soon be subject to drug testing under a resolution narrowly approved by the LHSAA Friday. NORML Legal Committee member William Rittenberg dismissed the LHSAA proposal as a "feel good measure" that would do little to deter student drug use. "The only tangible effect of such a policy will be to encourage our children not to believe in our basic constitutional liberties," he said. Rittenberg recently won separate legal cases striking down a pair of Louisiana laws that mandated drug tests for public school employees and elected officials. The LHSAA resolution states that each member school must develop and implement a substance-abuse drug testing policy for student athletes. The LHSAA executive committee will review the procedure before its implementation. The United States Supreme Court ruled 6 to 3 to allow the drug testing of student athletes in 1995. LHSAA commissioner Tommy Henry estimated that fewer than 50 of the 400+ LHSAA member schools have existing drug testing policies. For more information please contact either Allen St. Pierre or Paul Armentano of The NORML Foundation @ (202) 483-8751. Attorney William Rittenberg is available @ (504) 524-5555. *** Oregon Schools Offer Students $1,000 Incentive To Snitch On Classmates February 4, 1999, Portland, OR: Three Portland school districts will begin paying students up to $1,000 to snitch on classmates who use marijuana and other drugs at school, the Associated Press reported. NORML Foundation Executive Director Allen St. Pierre criticized the proposal. "Paying children $1,000 to become government spies in the war against marijuana users is one of the most Orwellian government excesses I can identify," he said. Mayor Vera Katz unveiled the plan, dubbed the Campus Crime Stopper program, two weeks ago. The paid-informant program will operate similar to existing "crime-stopper" hotlines, but will be aimed exclusively toward students who want to call the school police. Similar programs already operate on school campuses in Charleston, South Carolina and Thousand Oaks, California, the AP story said. For more information, please contact Allen St. Pierre or Litigation Director Tanya Kangas of The NORML Foundation @ (202) 483-8751. - END -
------------------------------------------------------------------- Lockyer Task Force to Look at Medical Marijuana Law (The San Francisco Chronicle says California's new attorney general, Bill Lockyer, invited about 35 law enforcement officials, health professionals, politicians and medical-marijuana patient advocates to the state Justice Department's Sacramento office yesterday for the first meeting of a new task force whose mission is to clear up the legal questions still remaining more than two years after the passage of Proposition 215.) Date: Thu, 4 Feb 1999 19:13:55 -0800 From: owner-mapnews@mapinc.org (MAPNews) To: mapnews@mapinc.org Subject: MN: US CA: MMJ: Lockyer Task Force to Look at Medical Marijuana Law Sender: owner-mapnews@mapinc.org Reply-To: owner-mapnews@mapinc.org Organization: Media Awareness Project http://www.mapinc.org/lists/ Newshawk: Dale Gieringer http://www.norml.org/canorml/ Source: San Francisco Chronicle (CA) Copyright: 1999 San Francisco Chronicle Pubdate: Wed, 4 Feb 1999 Contact: chronletters@sfgate.com Forum: http://www.sfgate.com/conferences/ Website: http://www.sfgate.com/chronicle/ Author: Marshall Wilson, Chronicle Staff Writer LOCKYER TASK FORCE TO LOOK AT MEDICAL MARIJUANA LAW Attorney General Bill Lockyer is attempting to clear up legal clouds caused by the passage of the medical marijuana initiative. Lockyer invited about 35 law enforcement, health and elected officials and advocates for medical marijuana to the Justice Department's Sacramento office yesterday for the first meeting of a new task force. In contrast to his predecessor, Dan Lungren, Lockyer supports Proposition 215, which legalized marijuana for medical use under certain circumstances. California voters passed Proposition 215 in November 1996. Yet Lungren and the federal government moved quickly to shut down loosely organized pot clubs. Lockyer spokeswoman Hilary McLean said her boss wants "to get sick people the medicine they need and still work within the confines of current law.'' "If current law needs to be changed, find out what needs to be changed,'' McLean said. Task force member Mike Nevin, a San Mateo County supervisor and former San Francisco police officer, said he is encouraged by Lockyer's stance. "He has open arms,'' Nevin said. ``Lockyer himself was a proponent of Proposition 215. That makes a lot of difference.'' Nevin noted that health officials in San Mateo County are asking for federal approval of a clinical study of the health benefits of medical marijuana. Patients suffering from AIDS or HIV or undergoing chemotherapy would smoke marijuana to see whether it relieves pain and stimulates appetite as proponents say. The proposed study would differ from one under way at San Francisco General Hospital in that it would include cancer patients, not just those with HIV. San Mateo County needs federal approval before distributing marijuana, which is classified as a dangerous drug on par with heroin or cocaine. Nevin said the study could help determine whether developing an inhaler, similar to ones used by asthma patients, would "impact the immediate nausea'' caused by some cancer treatments, for instance. The task force is led by state Senator John Vasconcellos, D-San Jose, and Santa Clara County District Attorney George Kennedy. The group has divided into subcommittees to study the various issues raised by medical marijuana and plans to meet again next month.
------------------------------------------------------------------- Criminal Prosecution Body Count Grows In War On Medical Marijuana (Orange County Weekly surveys local law enforcement officials' war on medical marijuana patients, particularly the six-year sentence handed down last week to Marvin Chavez of the Orange County Patient-Doctor-Nurse Support Group. Jim Silva, the attorney for Chavez, said, "Judge Borris' decision took me completely off-guard. It may change the whole political landscape. Marvin only provided marijuana to patients or to undercover cops pretending to be patients. But Judge Borris didn't even consider that as a mitigating factor in his sentencing." Silva said the 30-page probation report used to justify Chavez's sentence noted, "Mr. Chavez says he would continue to travel around the state and 'educate' people about medical marijuana." Silva says "The report makes it abundantly clear they don't want Marvin to exercise his rights to free speech.") Date: Sat, 6 Feb 1999 09:29:15 -0800 From: owner-mapnews@mapinc.org (MAPNews) To: mapnews@mapinc.org Subject: MN: US CA: Criminal Prosecution Body Count Grows In War On Medical Sender: owner-mapnews@mapinc.org Reply-To: owner-mapnews@mapinc.org Organization: Media Awareness Project http://www.mapinc.org/lists/ Newshawk: Al Gilmore {overedge@asis.com} Pubdate: Thu, 4 Feb 1999 Source: Orange County Weekly (CA) Copyright: 1999, Orange County Weekly, Inc. Contact: letters@ocweekly.com Website: http://www.ocweekly.com/ Author: Nick Schou CRIMINAL PROSECUTION BODY COUNT GROWS IN WAR ON MEDICAL MARIJUANA Like the enigmatic psycho killer in the penultimate act of a hackneyed horror flick - the maniac who mysteriously returns to life as soon as the hero turns his back - Orange County's war on medical marijuana just won't die. It dispatched its latest victim with stunning severity on Jan. 29. To perform the honors, distinguished former county prosecutor Carl Armbrust took a break from his retirement to attend the sentencing of Marvin Chavez, the medical-marijuana activist convicted last November of selling marijuana to undercover cops. That afternoon, Judge Thomas J. Borris sentenced Chavez to six years in jail, a punishment that stemmed from an undercover operation directed by Armbrust's anti-narcotics task force against Chavez's Orange County Patient-Doctor-Nurse Support Group. As he exited Orange County's West Municipal courtroom in handcuffs, Chavez looked to his defense attorney, Jim Silva, and said forgivingly, "That's all right." Silva couldn't help but think of the old cliche about Orange County that ought to be reserved for history books and not newspaper articles: "Behind the Orange Curtain." "I wasn't sure what that phrase meant until today," said Silva, who lives in Venice, during a Jan. 29 interview. "Judge Borris' decision took me completely off-guard. It may change the whole political landscape. Marvin only provided marijuana to patients or to undercover cops pretending to be patients. But Judge Borris didn't even consider that as a mitigating factor in his sentencing." Almost as disturbing as Borris' sentence, Silva said, was the 30-page probation report used in Friday's hearing. Among other considerations, such as the two previous narcotics-related felonies on Chavez's record, the report noted, "Mr. Chavez says he would continue to travel around the state and 'educate' people about medical marijuana." "The report makes it abundantly clear they don't want Marvin to exercise his rights to free speech," concluded Silva. "Orange County is willing to use incarceration as a means to prevent Marvin from educating people about medical marijuana. That is exactly the kind of thing that Fifth Amendment [advocates] would find repugnant." Silva isn't alone in his feelings about the current state of justice in Orange County. In fact, many observers to the drama that unfolded toward the end of Chavez's high-profile trial found themselves struggling to comprehend the harshness of his prison sentence. On Jan. 31, The Orange County Register, which had previously both criticized and praised Borris for the fairness of his courtroom rulings, lambasted Chavez's sentence as "near criminal." "This is the battleground," declared Mike Vardoulis, vice president of the OC Hemp Council. "Orange County, for whatever reason, wants to display the least amount of sympathy to medical marijuana users. It's open season." Vardoulis claimed that sending activists like Chavez to jail is part of a silent conspiracy by government officials to cover up the medicinal benefits of cannabis. "It's gotten pretty obvious," said Vardoulis. "So many people have been arrested, sent to jail, and are being denied access to their medication." Chavez isn't the only casualty of California's ongoing war on medical marijuana-just the latest. On Jan. 19, just 10 days before Chavez was sent to prison, police in northern California arrested Steve Kubby, who last year ran unsuccessfully for California governor on the Libertarian Party ticket. Arrested at their home near Lake Tahoe, both Kubby and his wife were charged with cultivation and possession of marijuana plants, despite the fact that Kubby, one of the original authors of Proposition 215, carries a doctor's note permitting him to grow and smoke the drug. Last year, David Herrick, a former San Bernardino County sheriff's deputy, received a four-year prison sentence after being convicted of several of the same charges that later were used by OC prosecutors against Chavez. Herrick, who suffers from a back injury, is now being held at Salinas Valley State Prison in Soledad, where he is reportedly being denied access to his medication. He is also being denied visits-or interviews-from reporters. Herrick's appeal is scheduled to begin next month. Meanwhile, the wheels of Orange County justice grind on. Of the three individuals who risked their liberty to help sick Californians obtain their legal medicine, two are now behind bars. On Feb. 3 the trial of the third and final founding member of Orange County's now-defunct Patient-Doctor-Nurse-Support-Group, Jack Schachter, began at the West Municipal Court in Westminster. Like that of Marvin Chavez, Schachter's case stems from Armbrust's undercover operation, which relied on police officers posing as sick patients with doctors' notes to trick Chavez into "dealing" baggies of marijuana marked "Not for Sale-For Medicinal Use Only." If convicted, Schachter faces a maximum sentence of several years in a state penitentiary.
------------------------------------------------------------------- Kubby To Test State Pot Law (Tahoe World, in California, examines the prosecution of Steve Kubby, the 1998 Libertarian candidate for governor, and his wife, Michele. Both are Olympic Valley residents and medical-marijuana patients and both are charged with possession of marijuana for sale, cultivation of marijuana, and conspiracy. Christopher Cattran, the deputy district attorney, said the approximately 300 marijuana plants found in four grow rooms in the Kubbys' home "was for more than personal use." But then, police also estimated the value of each plant at $14,000, so what do they know? Kubby noted there is no limit to the amount of cannabis patients can grow under Proposition 215. Michele Kubby said, "My husband has a terminal illness. No one else has survived this illness. My question is, how much is too much?") Date: Fri, 5 Feb 1999 18:17:51 -0800 From: owner-mapnews@mapinc.org (MAPNews) To: mapnews@mapinc.org Subject: MN: US CA: MMJ: Kubby To Test State Pot Law Sender: owner-mapnews@mapinc.org Reply-To: owner-mapnews@mapinc.org Organization: Media Awareness Project http://www.mapinc.org/lists/ Newshawk: Steve Kubby Source: Tahoe World (CA) Copyright: 1999 Tahoe World Pubdate: Thu, 4 Feb 1999 Page: Front Page with color photo of Steve and Michele Website: http://www.tahoe.com/world/ Forum: http://www.tahoe.com/community/forum/ Contact: world@tahoe.com FAX: (530) 583-7109 Mail: P.O. Box 138, Tahoe City, CA 96145 Note: Additional information on this story, to include defense fund information, may be found at: http://www.levellers.org/ammo.htm Also: Some readers who visited the MAP's popular interactive, web browser based, chat room last weekend had an opportunity to chat with Steve about this case. You never know who will drop by to chat. For more details, just press the CHAT ROOMS button at the bottom of the MAP home page at http://www.mapinc.org/ KUBBY TO TEST STATE POT LAW Sporting a pin in the shape of a red marijuana leaf, Steven Kubby pleaded innocent on Thursday to all counts regarding the possession and cultivation of marijuana in his Olympic Valley home. "All of this is about growing our own medicine in the privacy of our own home," Kubby said following his arraignment in Tahoe City last Thursday morning. Kubby, a California Libertarian Gubernatorial candidate, and his wife, Michele, both Olympic Valley residents, were arrested Feb. 19 and charged with possession of marijuana for sales, cultivation of marijuana and conspiracy. According to Kubby's attorney, Dale Wood, Kubby was growing marijuana for medical purposes and thus, is protected by Proposition 215, more commonly known as the compassionate use act. "His physician had recommended and approved Kubby's use (of marijuana) in writing in regard to his cancer situation," Wood said. "He's had adrenal cancer for 22 years." Kubby, fearing that authorities will track down his local physician, refused to release the name of his doctor. Under Proposition 215, patients and caregivers who "possess or cultivate marijuana for medical treatment recommended by a physician are exempt from criminal laws which otherwise prohibit the possession or cultivation of marijuana." Christopher Cattran, the deputy district attorney prosecuting the case, said that due to the quantity of marijuana found at the Kubby's residence, "it was for more than personal use." Kubby, however, says there is no limit to the amount you can grow for personal use under Proposition 215. "My husband has a terminal illness," Michele Kubby said. "No one else has survived this illness, my question is, how much (marijuana) is too much?" According to a report from the North Tahoe Task Force, following a six month investigation, four grow rooms were found in Kubby's home and approximately 300 marijuana plants. The total street value of the confiscated drugs is estimated at $420,000. Kubby said the arrest did not surprise him. "We knew they were surveilling us. We had a tip just like they had a tip on us," Kubby said. "All the evidence against us was collected by spying through our windows, going through our garbage, checking our utility bills or going through our Internet connections." Lt. Mike Allen, with the Nevada Division of Investigation, said he couldn't comment on the investigation of Kubby's home, but he said the procedures followed were not illegal. "Everything we did in conducting our investigation was legally correct," Allen said. Although the Kubbys could face three years in a state prison if convicted, they're hoping this case will bring the issue of medical marijuana use to light in both the political and public spectrum. "We'd like this to open up discussions on state guidelines for Proposition 215," Michele said. Kubby agrees. "We're here to cast light on what is happening to seriously ill people," Kubby said. "We want to tell our supporters to keep cool and place their faith in the law as we have. This case is the case that will put everything on the table and get this settled once and for all." The preliminary conference for the case is set for Feb. 22 at 10 a.m. in Tahoe City.
------------------------------------------------------------------- Some Good News Re: Peter Baez (A list subscriber forwards news that a judge in San Jose County, California, ruled in favor of all three motions heard today in the case of the former operator of Santa Clara County's only medical marijuana dispensary.) Date: Fri, 5 Feb 1999 12:40:10 EST Errors-To: jnr@insightweb.com Originator: friends@freecannabis.org From: Remembers@webtv.net (Genie Brittingham) To: Multiple recipients of list (friends@freecannabis.org) Subject: Some Good News Re: Peter Baez From: sccmcc@garlic.com (Jesse A Garcia) Date: Thu, Feb 4, 1999 Subject: Some Good News Re: Peter Baez Just wanted to update you on the latest round in the courts with Peter's case. It will most likely be reported in the SF Chronicle Friday's edition. We WON our three motions that the judge heard today. #1) Motion to surpress evidence- The police falsified the search warrant that was signed "under purgery of law"...MAJOR!!! #2) Motion for Discovery- DA didn't want to release any evidence of the Grand Jury instructions regarding the indigtment of Peter...The judge ruled in our favor. They have to give us the evidence submitted, if any! #3) Motion of Mergia- This is a case where Peter was being singled out because of his being on the forefront of the Medical Marijuana movement that the police and the DA went after Peter with accusations of housing fraud...no one has ever been tried in a criminal court for alledgedly not being eligible for HUD. The judge sided with us that Peter WAS in FACT being discriminated against! YES, bases loaded. The DA asked for a Stay on the Mergia, meaning that the DA now has to go to the appelete court to see if they can even get a judge to hear their case and then they have to convince the judge of INTENTIONAL fraud. These matters of alleged housing fraud are usually dealt with administratively and never criminally prosecuted. Usually the person has to repay whatever was determined that they were not entitled to. Thank God that the truth and LIGHT is finally shining upon us!!! Last thing I wanted to mention. I attended the 215 Task Force meeting in Sac on Tuesday. I feel that things are moving forward. There was a sense of urgency to get things straightened out as quickly as possible and the AG has garnered support form the other Attorney Generals from the other 5 states that passed Medical marijuana initiaives. Yes times are a changin'! Take care. Love and Light always, Jesse
------------------------------------------------------------------- Court Says Airline, Rail Workers Can Sue for Disability Bias (An Associated Press article in the Sacramento Bee says the 9th U.S. Circuit Court of Appeals ruled Wednesday that an airline mechanic who was fired in May 1996 for using Marinol, a prescription drug consisting of synthetic THC, the primary cannabinoid in marijuana, can sue for disability discrimination. The three-judge panel also ruled unanimously that the victim of drug testing could also claim he was fired in violation of public policy, which could bring punitive damages for emotional distress. Saridakis' doctor prescribed Marinol to relieve the pain and insomnia he suffered from injuries.) Date: Fri, 5 Feb 1999 09:03:56 -0800 From: owner-mapnews@mapinc.org (MAPNews) To: mapnews@mapinc.org Subject: MN: US CA: Court Says Airline, Rail Workers Can Sue for Disability Bias Sender: owner-mapnews@mapinc.org Reply-To: owner-mapnews@mapinc.org Organization: Media Awareness Project http://www.mapinc.org/lists/ Newshawk: compassion23@geocities.com (Frank S. World) Pubdate: Thu, 4 Feb 1999 Source: Sacramento Bee (CA) Copyright: 1999 The Sacramento Bee Feedback: http://www.sacbee.com/about_us/sacbeemail.html Website: http://www.sacbee.com/ Forum: http://www.sacbee.com/voices/voices_forum.html Author: Bob Egelko Associated Press Writer COURT SAYS AIRLINE, RAIL WORKERS CAN SUE FOR DISABILITY BIAS SAN FRANCISCO (AP) -- An airline mechanic who says he was fired for using a legal substitute for medical marijuana can sue for disability discrimination, a federal appeals court has ruled in a case affecting railroad and airline workers. A federal judge had dismissed Spero Saridakis' suit against United Airlines, saying workers in federally regulated transportation industries must use union grievance procedures in such cases rather than suing in court. Damages are much more limited in grievances than lawsuits. But the 9th U.S. Circuit Court of Appeals ruled Wednesday that claims of discrimination based on disability can be pursued in court, under federal and state civil rights laws. The court noted that it had previously allowed transportation workers to sue for other types of discrimination, even when their union contract contained grievance procedures for discrimination. The court also said one other appeals court has considered the same issue and reached the same conclusion. Saridakis' lawyer, William Simpich, said the ruling was important because "the whole trend (for employers) is to rely on any available means to prevent workers from getting in front of a jury." William Dritsas, a lawyer for the airline, said the ruling was "unfortunate because it will continue to foster litigation and preclude parties from the more informal grievance resolution process set forth under the collective bargaining agreement." Saridakis worked for United Airlines at San Francisco International Airport from 1984 to 1996. He tested positive for cocaine in a random drug test in 1993. To keep his job, he agreed to submit to random drug tests for another five years and refrain from taking illegal or "medically unauthorized" drugs, the court said. Around the same time, Saridakis' doctor prescribed Marinol to relieve the pain and insomnia he suffered from injuries, the court said, quoting allegations in the lawsuit. Marinol, a legal substance, contains THC, the active ingredient in marijuana. Saridakis said he passed the airline's drug tests for the next 2 1/2 years, telling the medical review officer each time about the Marinol prescription and never hearing an objection. But after a November 1995 test came back positive, he said, he was told by the review officer that Marinol was "unauthorized" for pain and insomnia. He was fired in May 1996. His suit, claiming violations of the Americans with Disabilities Act and a California anti-discrimination law, was dismissed by U.S. District Judge William Orrick on the grounds that discrimination claims were covered by the union contract. The appeals court disagreed. The union contract "does not define the rights that exist under the ADA," which can be enforced without interpreting the contract, said Judge Michael Hawkins in the 3-0 ruling. Citing a recent state Supreme Court decision, Hawkins said Saridakis could also claim an illegal firing in violation of public policy, which can carry damages for emotional distress and punitive damages. The court said it was making no judgment on the merits of the case, which is still in the pretrial stage. Simpich, Saridakis' lawyer, called him "another victim of the war on drugs" and said one reason for his firing may have been his involvement in needle-exchange programs to protect drug addicts from AIDS. Saridakis has a small business in leather goods but would like to return to the airline, Simpich said. Dritsas, the airline's lawyer, declined to comment on Saridakis' factual allegations, but said United "strongly believes that it did not discriminate against this man." The case is Saridakis vs. United Airlines, 97-17354.
------------------------------------------------------------------- The Erosion Of Our Rights (San Diego Union Tribune columnist Joseph Perkins writes in the Oakland Tribune about recent encroachments on civil liberties carried out or sought by police in Buena Park, California, who stopped every car looking for invalid licenses; by police in New York City, who want the DNA of anyone arrested; and by police in three Northern California cities - Palo Alto, Menlo Park and San Pablo - who want to keep "problem drinkers and common drunkards" from being served by local merchants. One need not be soft on crime to recognize that when the government is able to chip away at any of our rights under whatever seemingly reasonable pretext, it is not long before it finds other seemingly reasonable pretexts to further erode those rights until those cherished rights no longer exist for all practical purposes.) Date: Thu, 4 Feb 1999 14:00:38 -0800 From: owner-mapnews@mapinc.org (MAPNews) To: mapnews@mapinc.org Subject: MN: US CA: Column: The Erosion Of Our Rights Sender: owner-mapnews@mapinc.org Reply-To: owner-mapnews@mapinc.org Organization: Media Awareness Project http://www.mapinc.org/lists/ Newshawk: Jerry Sutliff Pubdate: Thu, 04 Feb 1999 Source: Oakland Tribune (CA) Copyright: 1999 MediaNews Group, Inc. and ANG Newspapers Contact: eangtrib@newschoice.com Address: 66 Jack London Sq., Oakland, CA 94607 Website: http://www.newschoice.com/newspapers/alameda/tribune/ Author: Joseph Perkins,Columnist, San Diego Union Tribune THE EROSION OF OUR RIGHTS TO what lengths may police go -- reasonably -- to crack down on criminals? That is the thorny question raised by several recent, controversial actions taken (or contemplated) by keepers of the peace in several municipalities throughout the country. In Buena Park, for instance, the local constabulary set up a checkpoint to identify individuals driving with invalid licenses. Officers stopped every fifth car during the first day of the checkpoint. They found 20 motorists driving with suspended or revoked licenses, or no license whatsoever. They wrote 150 citations. This is one case where yours truly actually agrees with the American Civil Liberties Union. Ramona Ripston, executive director of the ACLU's Los Angeles office, says that Buena Park cops were violating motorists' rights because officers "have to have a reason for stopping someone like that." Buena Park police disagree. "If we were stopping every car, then we might run into problems," said Sgt. Joe Englehardt. "We are operating under the same laws that you run into with drunk-driving checkpoints." But it is questionable whether courts will agree. Indeed, in 1987, the state Supreme Court upheld the legality of drunken driver checkpoints, declaring, in its wisdom, that the public interest in getting drunken drivers off the road outweighed the privacy rights of motorists. But there is no comparison between drunken drivers and drivers with invalid licenses. Drunken drivers (most of whom happen to have valid licenses) pose a clear and present danger to public safety, accounting for nearly 40 percent of annual traffic fatalities. Invalidly licensed drivers, however malfeasant, don't even remotely pose a similar threat. The question then is this: Is it reasonable for Buena Park police, or any other police force, to abrogate the Fourth Amendment rights of law-abiding motorists to identify those who are driving not drunk, but without a proper license? I think not. For similar reasons, the civil libertarian in me also has qualms about a proposal by New York City Police Commissioner Howard Safir that the Big Apple's finest take a DNA sample from every person arrested in the five boroughs. As for the criminal suspects who are proven innocent, the New York police commissioner assures that their DNA samples would be destroyed. But the best way to protect the rights of the innocent (or the acquitted) is to reserve DNA testing and profiling to those who actually have been convicted of crimes, not those who are merely arrested (more than half of whom are never actually convicted). Then there's the campaign being waged by local police in three Northern California cities -- Palo Alto, Menlo Park and San Pablo. The cops in these cities have compiled lists of "problem drinkers and common drunkards," including their mug shots. They have asked local merchants to "volunteer" not to sell them alcohol. San Pablo Police Chief Douglas Krathwohl said his city's program was started this past fall in response to problems caused by a band of drunkards who patronized the same local liquor stores, using their monthly welfare and disability checks to buy alcohol. But unless these individuals are ex-cons who've been ordered to stay away from liquor stores as terms of their probation, then it is hard to see how police can post the names and faces of these individuals, whether in local liquor stores, post offices or anywhere else. EVEN problem drinkers and common drunkards have privacy rights. What we are observing in Buena Park, in New York City, and in Palo Alto, Menlo Park and San Pablo is the ongoing clash between law enforcement and civil liberties. Police in these municipalities are counting on the fact that most law-abiding citizens have little empathy for unlicensed drivers, criminal suspects or public drunkards. The authorities believe that few people will be troubled if police seize the vehicles of these scofflaws for 30 days, take DNA samples from these miscreants, or circulate the mug shots of these reprobates to merchants advising them not to sell them alcohol. But these kinds of measures, ostensibly aimed at enforcing law and order, nonetheless amount to an assault upon privacy rights. And one need not be soft on crime to recognize that when the government is able to chip away at any of our rights (like privacy) under whatever seemingly reasonable pretext (like cracking down on crime), it is not long before it finds other seemingly reasonable pretexts to further erode those rights until those cherished rights no longer exist for all practical purposes.
------------------------------------------------------------------- Major Ariz. Pot Smuggler Of '80s Is Buried After Shooting in Mexico (The Arizona Daily Star says Manuel Federico Meraz Samaniego, a former resident of Douglas who was convicted of running a multimillion-dollar marijuana smuggling operation in the 1980s, was shot and killed early Monday in a small farming village near Casas Grandes, Chihuahua. According to Chihuahua police, Samaniego was shot in what is believed to have been an ongoing dispute with another former drug kingpin.) Date: Fri, 5 Feb 1999 11:32:52 -0800 From: owner-mapnews@mapinc.org (MAPNews) To: mapnews@mapinc.org Subject: MN: US AZ: Major Ariz Pot Smuggler Of '80s Is Buried After Sender: owner-mapnews@mapinc.org Reply-To: owner-mapnews@mapinc.org Organization: Media Awareness Project http://www.mapinc.org/lists/ Newshawk: compassion23@geocities.com (Frank S. World) Pubdate: Thursday, 4 February 1999 Source: Arizona Daily Star (AZ) Contact: letters@azstarnet.com Website: http://www.azstarnet.com/ Author: Ignacio Ibarra MAJOR ARIZ. POT SMUGGLER OF '80S IS BURIED AFTER SHOOTING IN MEXICO DOUGLAS - A former Douglas man convicted of running a multimillion-dollar marijuana smuggling operation in the 1980s was shot and killed early Monday in Mexico. Manuel Federico Meraz Samaniego, 50, better known in his world as ``El Tepiro,'' was buried yesterday in Agua Prieta, Sonora. He was shot about 2 a.m. Monday at his home in a small farming village near Casas Grandes, Chihuahua. According to Chihuahua Judicial Police investigators, Samaniego died of a single gunshot in the left side of his upper torso. He was allegedly shot by Francisco Ortiz Vargas, 34, in what is believed to have been an ongoing dispute with the former drug kingpin. Police discovered Ortiz's bullet-riddled body a short time later. Investigators are looking into allegations that Ortiz's murder was an act of vengeance committed by one of Samaniego's brothers. Samaniego's drug-trafficking organization had gone on from the mid-1970s until the mid-1980s. Investigators said that in just one six-month period, the organization smuggled more than 45 tons of marijuana valued at more than $21 million into the United States. Samaniego's drug empire began to unravel with a 1983 raid on his luxurious Douglas home. Although Samaniego escaped arrest in that raid, he was captured by FBI agents in Pico Rivera, Calif., two years later while visiting at his mother's home. In 1986, he was convicted in Pima County Superior Court on charges of selling, transporting and furnishing marijuana for sale and was sentenced to 12 years in prison. During the trial, he was portrayed by prosecutors as a ruthless drug trafficker, but the court received many letters of support from people who attested to his philanthropy among the poor in the border region. One month later, he was convicted in U.S. District Court on federal drug trafficking charges and sentenced to 15 years in prison. A year later, Samaniego and another inmate escaped from the state prison in Tucson by hiding in a storage box on a scrap-metal truck leaving the prison. In 1992, Samaniego, a Mexican citizen who had lived most of his life as a legal resident in the United States, was paroled from the Arizona Department of Corrections and turned over to the custody of the Immigration and Naturalization Service for deportation as a criminal alien. Walter Nash III, who represented Samaniego in Arizona and in another drug-trafficking case in New York, said that while some people who engage in the drug business can be very violent, Samaniego was ``a gentle and very mellow guy and a terribly devoted father.''
------------------------------------------------------------------- 3 Boston Police Officers Fail A First Drug Test (The Boston Globe says the Boston Police Department, which implemented a policy Jan. 4 of drug testing all 1,500 patrol officers, confirmed yesterday that three officers of 197 given hair tests so far had come up positive for unspecified illegal substances.)Date: Thu, 4 Feb 1999 03:34:31 -0800 From: owner-mapnews@mapinc.org (MAPNews) To: mapnews@mapinc.org Subject: MN: US MA: 3 Boston Police Officers Fail A First Drug Test Sender: owner-mapnews@mapinc.org Reply-To: owner-mapnews@mapinc.org Organization: Media Awareness Project http://www.mapinc.org/lists/ Newshawk: Epeggs@aol.com Pubdate: Thu, 4 Feb 1999 Source: Boston Globe (MA) Copyright: 1999 Globe Newspaper Company. Contact: letters@globe.com Website: http://www.boston.com/globe/ Author: Daniel Vasquez, Globe Staff Page: B05 3 BOSTON POLICE OFFICERS FAIL A FIRST DRUG TEST The Boston Police Department, which began drug testing of all patrol officers for the first time a month ago, confirmed yesterday that three officers have tested positive for illegal substances in hair analysis performed last month. Testing began Jan. 4, and so far 197 of approximately 1,500 patrol officers have been tested for cocaine, marijuana, amphetamines, morphine, and heroin. If the three officers who tested positive flunk a second test, which they have the option of taking, then they will be suspended for 45 days, forced to attend drug rehabilitation classes, and subject to unannounced spot drug tests for three years. Police Commissioner Paul Evans vowed to crack down on any officer who flunks the second test. But Evans acknowledged that suspensions won't come immediately. ''It's a lengthy process where there's a likely to be some false positives,'' he said. Sergeant Detective Margot Hill, the department spokeswoman, would not discuss the cases specifically. But Hill said the three officers, whom she would not identify, ''have all opted for the second tests at their own expense.'' The test costs $125, and results will be known in about 10 days, she said. Hill would not say which drugs were found in the initial tests of the three officers. In August, after a prolonged contract battle with the Boston Police Patrolmen's Association, the department won the right to test police officers on their birthdays. In the past four years, only three officers have been suspended for drug use, Evans said. The low numbers reflect the fact that before the patrolmen's union accepted hair analysis testing, officials were able to test officers only when they had a reasonable suspicion, he said. ''To be honest, reasonable testing was not getting it,'' he said. ''I don't think we were dealing with the problem.'' Thomas J. Nee, president of the patrolmen's union, said he had not heard that any officers had tested positive. ''Listen, there are reputations at stake here, and mistakes can be made,'' Nee said. ''It's just too soon to convict anybody, and right now I can tell you we stand behind all of our officers.''
------------------------------------------------------------------- Study strengthens smoking-cocaine-miscarriage link (The Associated Press says a study in today's issue of the New England Journal of Medicine regarding 970 pregnant women who sought emergency room treatment for miscarriage or other problems at the Hospital of the University of Pennsylvania in Philadelphia found no link between marijuana or alcohol use and spontaneous abortion. The report suggested smokers were almost twice as likely to miscarry as non-smokers, and cocaine users were nearly 1 1/2 times as likely to miscarry as non-users. Still, the link between cocaine use and miscarriage was not entirely persuasive, said an accompanying editorial by Dr. James Mills of the National Institute of Child Health and Human Development. The increased risk was small, and other factors could have skewed the results. "One of the things we have learned from this study is that self-reporting is far from perfect," said Dr. Roberta Ness of the University of Pittsburgh School of Public Health, the lead author of the report.) From: "Bob Owen@W.H.E.N." (when@olywa.net) To: "_Drug Policy --" (when@hemp.net) Subject: Study strengthens smoking-cocaine-miscarriage link Date: Thu, 4 Feb 1999 19:41:13 -0800 Sender: owner-when@hemp.net Thursday, 4 February 1999 Study strengthens smoking-cocaine-miscarriage link The Associated Press Pregnant women who smoke cigarettes or use cocaine have a higher risk of miscarriage, the most common problem of pregnancy, a study has found. While other studies have suggested a link, this was the first to use hair and urine testing to determine women's drug use and smoking, instead of relying on their own reports. ``One of the things we have learned from this study is that self-reporting is far from perfect,'' said Dr. Roberta Ness of the University of Pittsburgh School of Public Health, lead author of the study, which was reported in today's New England Journal of Medicine. Smokers are almost twice as likely to miscarry as non-smokers, and cocaine users are nearly 1 1/2 times as likely to miscarry as non-users, according to the study. About 15 percent of pregnancies end in spontaneous abortions treated by doctors, but many women do not seek medical care for early miscarriage. The researchers looked at 970 women who sought emergency room treatment for miscarriage or other problems at the Hospital of the University of Pennsylvania in Philadelphia while they were less than 22 weeks pregnant. Most of the women were black, poor and single, and had not received prenatal care. Four hundred suffered a miscarriage, while 570 carried their pregnancies beyond 22 weeks. Hair sample tests showed nearly 29 percent of the women who miscarried had used cocaine, compared with 20 percent of women with continuing pregnancies. Urine tests showed about 35 percent of the women who miscarried were smokers, compared with 22 percent of the non-smokers. In interviews, only 14 percent of the women who miscarried acknowledged using cocaine, and only 30 percent acknowledged smoking cigarettes. The researchers did an impressive job of isolating the effects of tobacco and cocaine on fetal health, said Dr. James Mills of the National Institute of Child Health and Human Development. Still, the link between cocaine use and miscarriage was not entirely persuasive, Mills wrote in an accompanying editorial. The increased risk was small, and other factors could have skewed the results, he said. The study found no link between alcohol or marijuana use and spontaneous abortion.
------------------------------------------------------------------- Drug Study At Odds With Drug Czar Findings (USA Today says a study released Thursday by the American Bar Association found that increased drug arrests and longer prison sentences had not impeded illegal drug use. The report used statistics from several federal reports and surveys to find that illegal drug use increased 7 percent from 1996 to 1997, to 14 million people. The report contradicts a study earlier this year by the White House Office of National Drug Control Policy. Barry McCaffrey, the ONDCP director, said he had not seen the ABA study, but said the general issues it raised were being addressed. There were 1.2 million Americans arrested on drug charges in 1997.) Date: Sat, 6 Feb 1999 14:54:16 -0800 From: owner-mapnews@mapinc.org (MAPNews) To: mapnews@mapinc.org Subject: MN: US: USA TODAY: Drug Study At Odds With Drug Czar Findings Sender: owner-mapnews@mapinc.org Reply-To: owner-mapnews@mapinc.org Organization: Media Awareness Project http://www.mapinc.org/lists/ Newshawk: rlake@mapinc.org Source: USA TODAY Copyright: 1999 USA TODAY, a division of Gannett Co. Inc. Pubdate: Thu, 4 Feb 1999 Website: http://www.usatoday.com/news/nfront.htm Contact: editor@usatoday.com Mail: 1000 Wilson Blvd., Arlington VA 22229 Author: Gary Fields, USA TODAY DRUG STUDY AT ODDS WITH DRUG CZAR FINDINGS WASHINGTON - Increased drug arrests and longer prison sentences have not slowed illegal drug use, according to a study by the nation's largest organization of lawyers. In a study released Thursday, the American Bar Association's Criminal Justice Section found that illicit drug use increased 7% from 1996-1997 to 14 million people. The report is based on statistics from several federal reports and on surveys on incarceration and drug use. Drug use in the ABA study means use of drugs - not including alcohol - in the month before a person was surveyed. The study, which included adults, contradicted results of a study earlier this year by the White House Office of National Drug Control Policy. That study showed drug use by youths in decline. The ABA study found that 1.2 million people were arrested on drug charges in 1997, a 73% increase over the number of people arrested in 1992. The increase in arrests resulted in no decrease in drug use, the study says. Myrna Raeder, chairwoman of the ABA's Criminal Justice Section, says the statistics suggest the policy of arrest and incarceration ''does not work.'' Barry McCaffrey, director of the Office of National Drug Control Policy, said he had not seen the ABA study. But he said the general issues it raised are being addressed. He said his office's priorities are education and treatment of inmates with drug problems. McCaffrey's office began a multimillion-dollar advertising campaign last year designed at reaching teen-agers and their parents. He said treatment is the second key: ''We have 1.8 million people behind bars and probably 50% to 80% of them have compulsive drug or alcohol problems, or both. ''The bottom line . . . is they are going to come out unemployable and still addicted. If you don't put them in drug treatment, you're kidding yourself,'' McCaffrey said. Jim Pasco, executive director of the Fraternal Order of Police, the nation's largest organization of law officers, says the study shows the need to stop drugs before they get into the country and onto the streets. ''Everybody gets gratification about seeing drug dealers taken off the corners,'' Pasco says. ''But, we need to do something about the folks getting the drugs to them and making the business so lucrative,'' he says. Marc Mauer, assistant director of the Sentencing Project in Washington, D.C., says he was not surprised by the ABA study. He says drug crimes, more than most other offenses, ''are much less affected by tough sentencing policies. ''If you have a serial rapist in the neighborhood and convict that person . . . nobody is going to replace that rapist. But if you arrest a kid on street corner and put him in prison five years, 20 minutes after you take him away, there will be another kid on that corner,'' he says. ''As long as we don't address the demand side of this problem,'' Mauer says, ''it will be exceedingly difficult to address it from the supply side.''
------------------------------------------------------------------- Keep Financial Privacy, New Legislation Urges (The Denver Post says U.S. Representative Ron Paul, the Texas Republican, unveiled a far-reaching legislative package Wednesday that would, among other things, block proposed anti-money-laundering rules that would track the habits of bank customers. At least two federal banking agencies are reconsidering the proposed "Know Your Customer" rules in response to the public outcry that started in December.) Date: Tue, 9 Feb 1999 04:49:37 -0800 From: owner-mapnews@mapinc.org (MAPNews) To: mapnews@mapinc.org Subject: MN: US: Keep Financial Privacy, New Legislation Urges Sender: owner-mapnews@mapinc.org Reply-To: owner-mapnews@mapinc.org Organization: Media Awareness Project http://www.mapinc.org/lists/ Newshawk: General Pulaski Pubdate: 4 Feb 1999 Source: Denver Post (CO) Copyright: 1999 The Denver Post Contact: letters@denverpost.com Website: http://www.denverpost.com/ KEEP FINANCIAL PRIVACY, NEW LEGISLATION URGES WASHINGTON - Citing complaints that new rules could turn every bank teller into a cop, a Texas lawmaker is proposing legislation aimed at protecting the financial privacy of Americans. The far-reaching legislative package unveiled Wednesday by Republican Rep. Ron Paul would, among other things, block proposed anti-money-laundering rules that would track the habits of bank customers. At least two federal banking agencies are reconsidering the proposed "Know Your Customer" rules in response to the public outcry that started in December. The Federal Deposit Insurance Corp., for example, had received more than 14,000 e-mail messages and letters opposing the proposal as of Friday. Privacy advocates, conservative groups, ordinary people and the nation's bankers themselves have complained that the rules would transform every bank teller into a cop. "We proclaim that American citizens have the right to be free of the snooping, spying, prying eyes of government bureaucrats," Paul told reporters. He said his legislation would "give Americans the peace of mind that comes from knowing that their every financial step is not being filed away and viewed as potentially criminal." Paul said about a dozen lawmakers, including House Republican Whip Tom DeLay of Texas, had agreed to join him as co-sponsors of the bill to stop the "Know Your Customer" rules. But the other two measures in his package - to repeal the Bank Secrecy Act and to let people see the files on them created by the federal Financial Crimes Enforcement Network - hadn't attracted any co-sponsors yet and legislative prospects were clouded. The Bank Secrecy Act of 1974 obligates banks to report customers' cash transactions of $10,000 or more to law enforcement authorities. Paul said the law has failed to help catch drug dealers, who "are smarter than most bankers." Paul, a physician who is on the House Banking Committee, once ran for president as the Libertarian Party's nominee. His strict constitutionalist beliefs routinely put him at odds with his fellow Republicans. Paul maintains that the "Know Your Customer" rules violate the Fourth Amendment prohibition against unreasonable search and seizure. The proposed regulations would require banks to verify their customers' identities, know where their money comes from, and determine their normal pattern of transactions. The current requirements for banks to report any "suspicious" transactions to law enforcement authorities would be expanded.
------------------------------------------------------------------- Hitting A Wall Of Opposition (According to the Chicago Tribune, federal regulators said Wednesday in Chicago that the "Know Your Customer" regulations proposed for U.S. banks would be rewritten or even scrapped because of public outcry.) Date: Fri, 5 Feb 1999 12:26:04 -0800 From: owner-mapnews@mapinc.org (MAPNews) To: mapnews@mapinc.org Subject: MN: US IL: Hitting A Wall Of Opposition Sender: owner-mapnews@mapinc.org Reply-To: owner-mapnews@mapinc.org Organization: Media Awareness Project http://www.mapinc.org/lists/ Newshawk: Steve Young Pubdate: Thur, 4 Feb. 1999 Source: Chicago Tribune (IL) Copyright: 1999 Chicago Tribune Company Contact: tribletter@aol.com Website: http://www.chicagotribune.com/ Forum: http://www.chicagotribune.com/interact/boards/ Author: Melissa Wahl Section: Business HITTING A WALL OF OPPOSITION A proposal that would force banks to keep closer track of customers' transactions and report them to the government will be rewritten or even scrapped because of public outcry, federal regulators said Wednesday in Chicago. The proposed rule, designed to combat money laundering and other illegal activity, has encountered opposition from bankers, privacy advocates and citizens who say it would turn banks into government spies and put unnecessary regulatory burdens on the industry. Richard Small, the Federal Reserve official who drafted the proposed rule, said it has been misinterpreted and that he has "nobody but myself to blame for that." He and two other government officials were part of a panel discussion on the proposal at the Fairmont Hotel. "Will this proposal go away? There's a good question about that," Small told a group of about 200 bankers gathered by accounting firm KPMG. He declined to comment further on what the Fed and other bank regulators might do, because the public comment period for the proposal remains open until March 8. Small said the plan was simply intended to formalize what banks do already: identify their customers and watch for possible criminal transactions, which could come in the form of extraordinarily large deposits or withdrawals. That can help the government sniff out illegal activity such as money laundering, the practice of making illegally acquired cash look as if it were acquired legally. It is a multibillion-dollar problem that is prominent in the U.S. because of the drug trade. For years, banks have been required to file suspicious-activity reports when they suspect possible criminal wrongdoing in transactions. Regulators and law enforcement officials review the reports; roughly 200,000 have been filed nationwide since mid-1996. Many bankers have complained that they do not have clear guidance about when to file such reports, Small said. The regulation he drafted was meant to straighten that out, but it has backfired badly. As it stands, the proposed rule would order banks to keep track of customers' typical transactions and report inconsistent activity. No minimum dollar amounts are given, and it is unclear how inconsistent a transaction would have to be to trigger a suspicious-activity report. Small said he and other regulators never meant for the government to receive more reports about bank customers. "If anything, we want fewer," said Lester Joseph, a panelist from the criminal division of the U.S. Justice Department, who said the government lacks resources to investigate additional suspicious-activity reports. The industry and consumers have not interpreted the proposal that way, seeing it instead as an Orwellian infringement on privacy. The Federal Deposit Insurance Corp., the only regulator among those proposing the rule that is accepting comments via e-mail, has received the most: As of Wednesday, it had received more than 17,000, with roughly only one in 1,000 favoring the proposal. The American Bankers Association, the American Civil Liberties Union and members of Congress have spoken out against the proposal. In Washington on Wednesday, Rep. Ron Paul (R-Texas) unveiled a legislative package that would block the proposed rule. Small shared excerpts from several of the roughly 20,000 comments that bank regulators have received so far in opposition to the proposal. Two of the comments he read likened the proposed rule to something Adolf Hitler would have done; another expressed concern that a large deposit made to a checking account after a Tupperware party would have to be explained if it fell outside the realm of a customer's ordinary transactions. But Small said the comments are a sign of how wrong critics are about the proposal's intent. For most banks, the rule would mean simply formalizing processes they already have in place. In fact, some banks already collect and analyze far more information than the proposal asks--"more than many are willing to admit," Small said--as part of their marketing programs. Three bankers on the panel, the only speakers to win applause during the three-hour session, retorted that the proposed rule, as written, oversteps Small's stated intentions. When panelist Gerald Janiak, project manager for Bank One Corp.'s so-called know-your-customer program, asked if any bankers in the room were comfortable with the proposed rule, no one raised a hand. Another banker, Oak Brook Bank Chairman and CEO Richard Rieser, asserted that the proposal asked banks to spy on their customers. "Under the know-your-customer plan . . . the government is ordering a systematic dragnet search of every customer's records," Rieser said. Ruth Robb, a compliance manager with Harris Bank in Chicago, said the proposal "is so general and so broad that it would impose undue hardship on most banks." The firestorm against the proposed rule has even spread overseas. Patrick Moulette, executive secretary of the Financial Action Task Force on Money Laundering in Paris, said in a telephone interview that he has received hate e-mail on the matter, including one message he considered physically threatening. The group, based at the Organization for Economic Cooperation and Development, is the world's primary multilateral task force against money laundering. The U.S. already complies with his group's recommendations for fighting money laundering, although Moulette said that clarifying details about suspicious-activity reporting would be a good next step. Moulette admitted he had only heard about the proposal and not read it, but said, "It does not sound very revolutionary." He said he finds the uproar, and the recent messages he received, "quite surprising."
------------------------------------------------------------------- GOP Wants Drug Smuggling Stopped (The Associated Press recounts recent Republican agitation for increased interdiction efforts in the war on some drug users. About 14 percent of President Clinton's proposed budget for 2000 would go to interdiction programs, compared with nearly 18 percent in 1999. The wire service fails to point out who wins when traffickers' cost of increasing production is cheaper than the government's cost of increasing interdiction.) Date: Fri, 05 Feb 1999 10:43:01 -0500 From: Scott Dykstra (rumba2@earthlink.net) To: "DRCTalk Reformers' Forum" (drctalk@drcnet.org) Subject: GOP Wants Drug Smuggling Stopped Reply-To: drctalk@drcnet.org Sender: owner-drctalk@drcnet.org 08:42 PM ET 02/04/99 GOP Wants Drug Smuggling Stopped By ANICK JESDANUN Associated Press Writer WASHINGTON (AP) - House and Senate Republicans accused President Clinton on Thursday of failing to get tough on drugs by funding programs to stop smuggling from other nations. Rep. Porter Goss, R-Fla., called Clinton's drug policy one of ``Just say maybe'' rather than ``Just say no.'' ``The only way we can win this is to just say `no,''' he said at a news conference. ``This is a serious war. This is not a war you just say `maybe' about. This is a war you win.'' Clinton's budget proposal for fiscal 2000 seeks $17.8 billion for drug-fighting programs, a slight decrease from the $17.9 billion this year, which includes $844 million in emergency supplemental funding. About 14 percent of the 2000 funding would go to international and interdiction programs, compared with nearly 18 percent in 1999. ``As this number goes down, the supply goes up,'' said Sen. Paul Coverdell, R-Ga. ``As the supply goes up, the price goes down. As the price goes down, use goes up. That's why interdiction is useful.'' Jim McDonough, director of strategy at the White House Drug Control Office, said the administration had a planned approach that balanced both sides of the drug equation. ``The theory is, if there's no demand there's no supply. The more you can lower demand you really can cut supply,'' he said. In particular, Republicans were upset they could find no evidence that Clinton funded a special program that Congress and the White House agreed to last fall. That law authorizes more than $2 billion over three years for equipment, training and other interdiction tools for the Coast Guard and other agencies. Rep. Bill McCollum, R-Fla., chairman of the House Judiciary subcommittee on crime, called the omission a travesty. ``We are not even beginning in the president's plan to wage the kind of war we said a couple of months ago we should do,'' McCollum said. McDonough did not have specifics on those line items, but he said that the overall cuts Republicans decried compared a regular year's funding with extra, supplemental funding added at GOP insistence. Without the supplemental funding, the overall budget would increase in 2000, and the percentage for interdiction would remain roughly the same. Last fall's anti-drug law included provisions that mandated the use of foreign aid as leverage to urge other nations to keep up anti-drug efforts, upgraded some technology and intelligence tools that American law enforcement officers use in intercepting illegal drugs and provided U.S. aircraft and helicopters to Bolivia, Colombia and Peru to help eradicate drug crops.
------------------------------------------------------------------- Drug Approved To Fight Heroin Addiction (The Daily Telegraph, in Australia, says the Australian Drug Evaluation Committee has approved the anti-addiction drug Naltrexone, which can rescue heroin and alcohol addicts from their deadly habits. The drug, to be marketed as Revia, will be available by prescription beginning in March. The drug reportedly can remove cravings and is seen as superior to methadone, which is a replacement for, not a counter to, dangerous drugs. Previously, Naltrexone has been available only in trials of rapid detoxification programs. Desperate heroin addicts have paid up to $30,000 for treatments in the US and Israel.) Date: Fri, 5 Feb 1999 21:20:18 -0800 From: owner-mapnews@mapinc.org (MAPNews) To: mapnews@mapinc.org Subject: MN: Australia: Drug Approved To Fight Heroin Addiction Sender: owner-mapnews@mapinc.org Reply-To: owner-mapnews@mapinc.org Organization: Media Awareness Project http://www.mapinc.org/lists/ Newshawk: Russell.Ken.KW@bhp.com.au (Russell, Ken KW) Pubdate: Thu, 4 Feb 1999 Source: Daily Telegraph (Australia) Contact: dtmletr@matp.newsltd.com.au Website: http://www.dailytelegraph.com.au/ Copyright: News Limited 1999 Author: Malcom Farr, in Canberra DRUG APPROVED TO FIGHT HEROIN ADDICTION THE anti-addiction drug Naltrexone, which can rescue heroin users and alcoholics from their deadly habits, will be available on prescription from March. The Daily Telegraph has learned the Australian Drug Evaluation Committee approved the drug amid mounting national frustration over the battle against the spread of heroin. It can remove cravings and is seen as superior to methadone which is a replacement for, not a counter to, dangerous drugs. Previously it has only been available in trials of rapid detoxification programs. Desperate heroin addicts have paid up to $30,000 for treatments in the US and Israel. But it will be available soon through GPs for as little as $180 a month to help people who have been through detoxification courses to maintain their fight against addiction. The latest Commonwealth Gazette describes it as "an aid in the maintenance of previously opiate-dependent patients who have ceased the use of opioids such as heroin and morphine". A Therapeutic Goods Administration spokesman yesterday confirmed Naltrexone had been approved for registration. "Approval of Naltrexone enables any doctor, including general practitioners, alcohol and drug specialists to prescribe Naltrexone as a prescription-only product for heroin and alcohol addiction but not for rapid detoxification," the spokesman said. "Approval does not affect any current trials but information from the trials will help determine more fully the role of the drug particularly regarding . . . comparison with other heroin addiction treatments." Naltrexone, to be marketed as Revia, is a controversial anti-opiate which, it has been claimed, can cure cravings. Australian medical authorities have been divided about the benefits of the drug for "cold turkey" treatment of heroin addicts. Australian trials have involved patients undergoing a four-hour rapid detox with the drug under general anaesthetic and taking Naltrexone tablets for up to a year. Up to 150 heroin users in Queensland have been involved in a $500,000, two-year trial of the drug since January. A Perth-based trial last year reported success rates of up to 90 per cent, with the same result from the Rapid Detox Centre in Sydney. But a pilot program at Sydney University last year found only 30 per cent of patients emerged drug-free. NSW Health Minister Andrew Refshauge told Parliament in September that the drug was more successful in treating methadone users than heroin users. Naltrexone's Australian distributor, Orphan Australia, yesterday confirmed the drug would be launched on March 1. Orphan managing director Alastair Young said the drug would retail for between $180 to $280 for a month-long supply of a once-a-day tablet to addicts. He said the company would seek approval for listing it on the Pharmaceutical Benefits Scheme which could lower the price dramatically. "Doctors will use it as they see fit," he said. "But it needs to be part of a complete package involving counselling, family support and supervision by the physician." The Australian Medical Association said yesterday it would support moves to have the drug on the PBS and endorsed its use for alcoholics. AMA federal president Dr David Brand said there was strong evidence to support Naltrexone usefulness in treating alcoholism. "It is available but not for rapid detoxification programs," he said. "It is a new weapon for doctors to use for patients who abuse alcohol and it has very few, if any, side effects." Alcohol and Other Drugs Council of Australia chief executive David Crosbie also welcomed the registration of Naltrexone. "This treatment will be of benefit to some people but our only concern is people use the drug appropriately," he said yesterday. "We are concerned the drug will be seen as the total solution but it has to be used in conjunction with other support. "It may be effective while people are taking it but people need support to keep taking it." Mr Crosbie said between 5 and 10 per cent of adult Australians had alcohol-related problems - or between 700,000 and 1.4 million people.
------------------------------------------------------------------- Needle Swap Could Get Nod (The Age, in Melbourne, Australia, says that after the newspaper revealed yesterday that a teenager whom authorities knew was HIV-positive was sent to the Malmsbury youth training centre, where he shared a syringe with six other boys, the state government indicated it was prepared to consider experimenting with needle exchange programs in juvenile jails. The opposition party called instead for the appointment of a panel of experts for advice on the issue.) Date: Fri, 5 Feb 1999 21:20:08 -0800 From: owner-mapnews@mapinc.org (MAPNews) To: mapnews@mapinc.org Subject: MN: Australia: Needle Swap Could Get Nod Sender: owner-mapnews@mapinc.org Reply-To: owner-mapnews@mapinc.org Organization: Media Awareness Project http://www.mapinc.org/lists/ Newshawk: Russell.Ken.KW@bhp.com.au (Russell, Ken KW) Pubdate: Thu, 4 Feb 1999 Source: Age, The (Australia) Contact: letters@theage.fairfax.com.au Website: http://www.theage.com.au/ Copyright: 1999 David Syme & Co Ltd Author: Nicole Brady, Social Policy Reporter NEEDLE SWAP COULD GET NOD The State Government yesterday indicated it was prepared to consider testing needle exchange programs in juvenile jails, as the Opposition called for it to appoint an expert panel for advice on the issue. After The Age revealed yesterday that a teenager whom authorities knew was HIV-positive was sent to the Malmsbury youth training centre, where he shared a syringe with six other boys who have since tested negative, the Youth and Community Services Minister, Dr Denis Napthine, said he would meet drug rehabilitation experts. If they recommended testing needle exchange programs in juvenile custody centres, then the Government would consider doing so, Dr Napthine said. "Needle exchange programs (have) to be seen in the total context where ... we recognise that drugs are dangerous and illegal, and at this stage we have a zero-tolerance approach in our juvenile justice facilities, and we have a very high emphasis on rehabilitation and education," he said. "If the experts are proposing that a needle exchange program can fit into that sort of policy and be of added benefit, then I'm prepared to consider it." He praised community-based needle exchange programs as a responsible service that had reduced the spread of HIV and hepatitisC, but said there was an argument that a needle exchange in a youth custody centre might undermine rehabilitation efforts by appearing to condone drug use. Dr Napthine said he would meet Professor Margaret Hamilton, director of Turning Point, and Mr Paul McDonald, the chief executive of the Youth Substance Abuse Service - who this week told The Age that while authorities had to continue to try to prevent drugs from being smuggled into jails, policies also had to recognise that adult and juvenile prisoners were using drugs and sharing needles. They called for consideration of needle exchange programs in custody centres to curb the transmission of blood-borne viruses. The Opposition's youth and community services spokesman, Mr John Thwaites, said the Government should immediately appoint an expert committee to make recommendations on strategies. "If they recommend that there ought to be needle exchange programs, then we would support it," he said. "The Government set up the Penington report with the purpose of bringing forth recommendations to reduce problems caused by drugs. It makes sense to set up an expert committee to target the drug problem in juvenile justice." Proposals for a needle exchange trial were met with caution by the Community and Public Sector Union, which represents prison guards. The union expressed concerns about syringes being used as weapons to threaten guards and other inmates. A spokesman, Mr Julian Kennelly, said the proposal was a "quantum leap" in Government policy considering that tobacco was banned in juvenile custody centres, but indicated there might be room for discussion. "The union is happy for the Government to talk to whoever they want and get advice, and we would demand that that include the staff," he said. "They would need to take into account in any discussion about changing their policies the health and safety concerns of employees." He called for staff levels to be increased to help prevent drugs from being smuggled into juvenile jails. Drug and health experts have acknowledged the difficulties in devising strategies to prevent the spread of blood-borne viruses in prisons. But they have also called on politicians not to be paralysed by the complexity of the problems. Dr Napthine said yesterday the Government had never shirked hard decisions.
------------------------------------------------------------------- There Must Be An Election Due Soon (A letter to the editor of the Canberra Times, in Australia, explains why Andrew Refshauge, the New South Wales Health Minister, didn't have the public's best interests in mind when he suspended a needle-exchange program in Redfern after a photo appeared in the Sun-Herald the day before showing an as-yet unidentified boy injecting an unknown substance.) Date: Fri, 5 Feb 1999 21:20:11 -0800 From: owner-mapnews@mapinc.org (MAPNews) To: mapnews@mapinc.org Subject: MN: Australia: PUB LTE: There Must Be An Election Due Soon Sender: owner-mapnews@mapinc.org Reply-To: owner-mapnews@mapinc.org Organization: Media Awareness Project http://www.mapinc.org/lists/ Newshawk: Russell.Ken.KW@bhp.com.au (Russell, Ken KW) Pubdate: Thu, 4 Feb 1999 Source: Canberra Times (Australia) Contact: letters.editor@canberratimes.com.au Website: http://www.canberratimes.com.au/ Author: Peter Watney THERE MUST BE AN ELECTION DUE SOON "PHOTO sparks outrage at youth drug abuse" (CT, February 1, p.3) copies a photo appearing on Page 1 of the Sun-Herald of the day before. Apparently as a result of seeing that photo, NSW Health Minister Andrew Refshauge suspended the operation of a Redfern needle exchange. It was not possible for the minister to establish within that short time that the needle apparently being used to inject a substance into an as-yet unidentified boy had been supplied by the suspended needle exchange, or even that the substance being injected was heroin. Needle exchanges were established in 1987. According to Professor Richard Peachem, chief health adviser to the World Bank, who reviewed Australia's AIDS program in 1995, Australia's $10 million per year spent on the needle and syringe program had by then prevented 2900 HIV infections and saved $270 million. No evidence has been produced since 1995 that needle exchanges have ceased their work of salvation, and all the available evidence suggests that the savings have continued and have escalated. Those savings result from the prevention of blood-borne diseases being passed from user to user by means of shared needles. The evidence has also been that they have not resulted in increased use or abuse of drugs. The photo provides absolutely no justification for the summary suspension of a needle exchange quite the reverse. There must be an election in the offing. PETER WATNEY Holt
------------------------------------------------------------------- McLeish Set To Create A Taskforce Of Drug Busters (The Scotsman says Henry McLeish, the Scottish home affairs minister, will create a taskforce to oversee a new multi-million pound campaign against "drugs." Under the proposals, the Scottish Crime Squad - which already spends 90 per cent of its time tackling drugs, at an annual cost of £7 million - would be doubled in size from 100 to 200 officers to create a new Drug Enforcement Agency. Drugs squads in the eight individual police forces in Scotland would also be increased in strength by 100 officers. Mr McLeish has also proposed changing the law to allow the civil courts to confiscate the assets of suspected drug dealers, a system already in place in the republic of Ireland and in the US.) Date: Fri, 5 Feb 1999 06:34:10 -0800 From: owner-mapnews@mapinc.org (MAPNews) To: mapnews@mapinc.org Subject: MN: UK: Mcleish Set To Create A Taskforce Of Drug Busters Sender: owner-mapnews@mapinc.org Reply-To: owner-mapnews@mapinc.org Organization: Media Awareness Project http://www.mapinc.org/lists/ Newshawk: Martin Cooke (mjc1947@cyberclub.iol.ie) Pubdate: 4 February 1999 Source: Scotsman (UK) Copyright: The Scotsman Publications Ltd Contact: Letters_ts@scotsman.com Website: http://www.scotsman.com/ Forum: http://www.scotsman.com/ Author: Jenny Booth, Home Affairs Correspondent MCLEISH SET TO CREATE A TASKFORCE OF DRUG BUSTERS A ministerial taskforce will be created to oversee a new multi-million pound campaign against drugs, it was announced yesterday. Henry McLeish, the Scottish home affairs minister, has pledged that he and his fellow ministers will work in a more targeted way to punish drug dealers and bolster communities. Opinion polling has shown that Scots regard drugs as one of the biggest threats facing society, and that there is a general mood in favour of more focused, immediate action. "Tackling drugs requires maximum co-ordination across the highest level of government," said Mr McLeish. "That is why we need a ministerial taskforce to look at the four elements of enforcement, education, effective treatment and social exclusion." On enforcement, Mr McLeish has consulted chief constables with a view to doubling the number of drugs detectives in Scotland. Under the proposals, the Scottish Crime Squad - which already spends 90 per cent of its time tackling drugs, at an annual cost of UKP7 million - would be doubled in size from 100 to 200 officers to create a new Drug Enforcement Agency. Drugs squads in the eight individual police forces in Scotland would also be increased in strength by getting an extra 100 officers. Local drugs squads would use intelligence gleaned from grassroots policing to work closely with the DEA. Mr McLeish has also proposed changing the law to allow the civil courts to confiscate the assets of suspected drug dealers, a system already in place in the republic of Ireland and in the US. Money confiscated from suspected dealers would be used for community projects and more effective treatment and rehabilitation for drug addicts. "We need greater investment in drugs work in the wider community - Sam Galbraith [the Scottish health minister] is doing that but we need more," added Mr McLeish, speaking at a press conference at Longriggend remand institution for young offenders. "Helen Liddell [the Scottish education minister] will be making further announcements next week on drugs education in every school in Scotland, starting with a younger age group than is currently the case." Prisoners at Longriggend - who cannot be named for legal reasons - said that up to 80 per cent of the youngsters held at the institution were drug users. One 18-year-old Glasgow youth charged with murder, whose wrists were scarred from many previous attempts at self-harm and suicide, told how he had first taken drugs at the age of eight. Another 18-year-old told how his spiralling list of charges for theft and shoplifting were all committed to pay for his heavy use of heroin, temazepam and valium. Mr McLeish said that tackling social exclusion was a key way of protecting communities from drugs, because of the proven links between deprivation, crime and drugs. "Virtually every one of the young people here on remand are from backgrounds that could be described as deprived, disadvantaged or socially excluded," said Mr McLeish. "We need to work on better housing, creating jobs and opportunities for young people and tackling homelessness as part of our long-term agenda." Other political parties have also been making policy statements on drugs in the last week. Annabel Goldie, the deputy leader of the Scottish Conservatives, has proposed confiscating all the possessions of convicted drug dealers, and removing the right to bail of anyone who is suspected of dealing drugs. She has also called for specialised drugs courts to deal out fast-track justice. The Scottish National Party has called for a separate "drugs tsar" for Scotland, and for the Scottish parliament to set up a standing committee on drugs. But Dave Liddell, the director of the Scottish Drugs Forum - an umbrella agency which represents drugs projects throughout Scotland - warned that the latest research evidence from England and the United States showed that the most effective way to reduce drug use and protect communities was to spend more on treatment and rehabilitation. One pound spent on treatment had been shown to save UKP3 in future costs to the health service and criminal justice system, said Mr Liddell. Mr McLeish has suggested that delegates from the Scottish parliament should go on a fact-finding mission to the United States to study innovative development on tackling drugs in cities like New York, where drug use has been cut by 50 per cent.
------------------------------------------------------------------- Chirac Calls For EU To Harmonise Anti-Drug Laws (Reuters says French President Jacques Chirac told an audience in Lisbon, Portugal Thursday that illegal drug use in Europe was reaching "dramatic" levels, and urged European Union members to agree on common laws to help fight the problem - which he previously has identified as the Netherlands.) Date: Sat, 6 Feb 1999 09:16:00 -0800 From: owner-mapnews@mapinc.org (MAPNews) To: mapnews@mapinc.org Subject: MN: WIRE: Chirac Calls For EU To Harmonise Anti-Drug Laws Sender: owner-mapnews@mapinc.org Reply-To: owner-mapnews@mapinc.org Organization: Media Awareness Project http://www.mapinc.org/lists/ Newshawk: General Pulaski Pubdate: Thu, 04 Feb 1999 Source: Reuters Copyright: 1999 Reuters Limited. CHIRAC CALLS FOR EU TO HARMONISE ANTI-DRUG LAWS LISBON, Feb 4 (Reuters) - French President Jacques Chirac, warning that illegal drug use in Europe was reaching dramatic levels, urged European Union members on Thursday to agree common laws to help fight the problem. "It is not acceptable that European laws in this area are not harmonised," he said during a visit to the European Monitoring Centre for Drugs and Drug Addiction in Lisbon. Although Chirac did not point the finger at any of France's EU partners, Paris has been critical in the past of the more liberal stance on drug-taking adopted by countries such as the Netherlands. "Europe must be aware of the severity of the problem," he said, adding that the EU must dedicate sufficient resources and effort to fighting "this drama." The Monitoring Centre was set up in 1995 with the aim of gathering information on drug abuse across Europe. Chirac, who arrived in Portugal on Thursday for a 48-hour visit, said the Centre was playing a vital role in building up the knowledge needed to fight the problem effectively.
------------------------------------------------------------------- Doping Summit Ends In Disarray (The Associated Press says the International Olympic Committee "drug summit" in Lausanne, Switzerland, which ended Thursday, laid the groundwork for major anti-drug initiatives in the future. But AP editorializes that what progress was made fell far short of the tough, immediate action the IOC needed to reassert its legitimacy. The IOC had to back off the two main planks of the meeting: creating an international anti-doping agency and imposing a mandatory minimum two-year sanction for positive drug tests.) Date: Fri, 5 Feb 1999 06:26:34 -0800 From: owner-mapnews@mapinc.org (MAPNews) To: mapnews@mapinc.org Subject: MN: Switzerland: Wire: Doping Summit Ends In Disarray Sender: owner-mapnews@mapinc.org Reply-To: owner-mapnews@mapinc.org Organization: Media Awareness Project http://www.mapinc.org/lists/ Newshawk: General Pulaski Pubdate: Thu, 04 Feb 1999 Source: Associated Press Copyright: 1999 Associated Press Author: Stephen Wilson, AP Sports Writer DOPING SUMMIT ENDS IN DISARRAY LAUSANNE, Switzerland - No matter how hard they tried to claim victory, International Olympic Committee leaders couldn't disguise the reality: Their authority has eroded even further. In a blunt rejection of that leadership, the 15 European Union governments refused to accept a watered-down final resolution at the Olympic drug summit, which ended Thursday. Their stance was a sharp setback for the IOC and its president, Juan Antonio Samaranch, as they struggled to regain credibility in the wake of the Salt Lake corruption scandals. "These issues are bigger than the IOC," British Sports Minister Tony Banks said. "It might come as a surprise to the IOC to find there is actually something bigger than the IOC, but there is." The U.S. Olympic Committee, the IOC's most important national branch and a consistent ally of Samaranch, offered only lukewarm support. When Samaranch called the meeting a "big victory" in the fight against doping, USOC executive director Dick Schultz countered: "Everybody tends to exaggerate." "It's one of the IOC's first experiences with democracy and they had to learn how to deal with it," he said. While the conference laid the groundwork for major anti-drug initiatives, the resolutions fell far short of the tough, immediate action the IOC needed to reassert its legitimacy. The IOC had to back off the two main planks of the meeting: creating an international anti-doping agency and imposing a mandatory minimum two-year drug sanctions. "The IOC is too weak," said Roland Baar, a member of the IOC athletes' commission. Even a top IOC leader conceded the three-day meeting failed to accomplish what the committee had hoped for. "We haven't dealt with it," IOC vice president Dick Pound said. "We are now in a position to do so." The U.S. government, which had serious reservations about parts of the IOC plan, voted for the revised package. But Barry McCaffrey, the White House drug policy adviser who had attacked the IOC's credibility and called for reforms, described the final declaration only as a "good first step." Samaranch fired back at McCaffrey in his closing news conference, suggesting the White House was in no position to lecture. "We are very thankful he is so interested in the IOC," Samaranch said. "But we also told him he had many problems in his own country on doping." Samaranch has withstood calls for his resignation from outside the committee, and wrapped up the summit by saying the IOC emerged "stronger" from the conference. But the USOC appeared to back off its previous unqualified support for him. Two weeks ago, Schultz said the USOC fully supported Samaranch and believed he was the only person capable of leading the IOC out of its crisis. On Thursday, he said: "I don't see any reason to change the position at this point as long as we are making progress and moving forward and that he can still command the respect of IOC members. "I don't think our position has changed. I think that we feel there needs to be consistency to get through this crisis and that he is probably in the best position to do that." Samaranch has been in power since 1980 and plans to stay until his term ends in 2001. He will put his leadership to a vote of confidence at a special IOC assembly March 17-18. IOC members will also vote on proposals to change the process for selecting host cities and expel members implicated in the Salt Lake case. The Sydney Morning Herald, whose parent company is a local partner of the 2000 Olympics, said Thursday that Samaranch "must carry the ultimate responsibility for crisis that is engulfing the Olympic movement. He is not an answer to the problem. He represents the problem." Meantime, the proposed anti-doping agency will be discussed again at a meeting with sports and government leaders this spring. The conference agreed to set up the agency, but details on the structure, mission and financing were put off for up to three months. Officials said the goal is to have the agency up and running before the Sydney Games. Banks and other government officials refused to give the IOC a leading role in the doping agency, which would supervise worldwide drug testing and policy on an initial $25 million budget. "The chairing of that independent agency by president Samaranch would compromise it," Banks, the British Sports Minister, said. "It would not be independent. We cannot accept that." Pound said governments could have a 50 percent role in the agency but would be expected to contribute financially. The IOC also was forced to allow each sport to ignore a minimum two-year ban in drug cases where they find "exceptional circumstances." Some of the biggest sports, including soccer, cycling and tennis, argued that a two-year ban for a first offense would never hold up to challenges under right-to-work laws. Banks warned that this opened an "enormous loophole." "This is minimalist and permissive," he said. "It undermines the two-year ban." In November, the IOC threatened to expel from the Olympics those sports that failed to adopt the two-year ban. Thursday's resolution made no mention of expulsions. In other developments: USA Today said the son of IOC member Kim Un-yong of South Korea was employed by a Utah company, Keystone Communications, at the request of the Salt Lake bid committee. Kim is among at least three members under investigation by the IOC. Mark Tewksbury, the 1992 100-meter breaststroke gold medalist from Canada, said he was quitting a string of Olympics-related positions because he had "lost confidence in the leadership" of the games. In a case going back more than 30 years, Japan's largest newspaper, Yomiuri, said that Sapporo's bid committee gave $2,800 each to four IOC members in 1964, apparently to win their votes in an unsuccessful bid for the 1968 Winter Games. The Japanese city was chosen as the site for the 1972 Winter Olympics.
------------------------------------------------------------------- Weekly Action Report on Drug Policies, Year 5, No. 5 (A summary of European and international drug policy news, from CORA in Italy) Date: Sun, 07 Feb 1999 21:20:18 +0100 To: CORAFax (cora.belgique@agora.stm.it) From: CORAFax (cora.belgique@agora.stm.it) Subject: CORAFax #5 (EN) Sender: owner-hemp@efn.org ANTIPROHIBITIONIST OF THE ENTIRE WORLD .... Year 5 #, February 4 1999 *** Weekly Action Report on Drug Policies Edited by the CORA - Radical Antiprohibitionist Coordination, federated to - TRP-Transnational Radical Party (NGO, consultive status, I) - The Global Coalition for Alternatives to the Drug War *** director: Vincenzo Donvito All rights reserved *** http://www.agora.stm.it/coranet mailto:cora.news@agora.stm.it CORA NEWS ITALY-THE GOVERNMENT DOESN'T EVEN READ ITS OWN REPORTS ON THE SRUG QUESTION The Vice Minister of Justice, Mr. Franco Corleone, when asked during a question time what percentage of addicts is receiving methadone treatment, delivered a wrong answer. His answer was in fact 4.3%, but the Government says it is 3%. The Vice Minister, who is of the Green party, reminded everyone that official papers have been sent around to invite institutions to apply the law correctly, but also that this has had no effect. Above all, the official report on drug addiction that was supposed to be presented by the 31st of January was not presented at all. This is not surprising, if one thinks that the Government does not even read its own official reports... *** NEWS FROM THE WORLD *** 000476 03/02/99 OCEANIA / AUSTRALIA ADDICTION CORRIERE DELLA SERA Heroin addicts who are going through methadone treatment have a seven times greater chance of dying during the first two weeks of treatment than those who don't take methadone. This is what a study by the 'Medical Journal of Australia' says. It has, although, already been objected to by Professor Alessandro Tagliamonte, who says this is just the beginning of a new crusade against methadone. *** 000477 01/02/99 E.U. / GERMANY ADDICTION LA REPUBBLICA The Mayor of Hamburg says he feels confident about the approval of a pilot project for controlled distribution of heroin under medical control. The project should start in various cities before the end of 1999. *** 000470 31/01/99 E.U. / ITALY CONSUMERS IL MESSAGGERO 28% of Italian adolescents have smoked a joint at least once in their lives. This is the outcome of a research by the Univercity of Turin, which questioned 2500 young people between 14 and 19. *** 000473 02/02/99 E.U. / NETHERLAND INITIATIVE NEUE ZUERCHER Z. The latest report on drugs in Holland shows that consumption of illegal substances is at the moment lower than expected. This is encouraging to antiprohibitionists, but the Govermnment is still being cautious about the question of legalisation, especially because of the international political situation. *** 000474 03/02/99 E.U. / ITALY LAWS CORRIERE DELLA SERA The Undersecretary of Justice, Franco Corleone, complains that the indications provided by the former General Prosecutor, Galli Fonseca, towards policies of harm reduction, have produced no effect whatsoever. *** 000475 31/01/99 E.U. / GB PERSONALIT THE TIMES 30/01 AND 01/02 Tom Spencer, a deputy of the European Parliament, was stopped at the airport carrying gay pornographic material and some cannabis. Mr. Spencer declared himself bisexual and in favour of legalising marijuana. He is a candidate for the coming European elections, but has been now suspended from all political activities by his political group in Brussels. *** 000471 29/01/99 EUROPE / SWITZERLAND WAR ON DRUGS NEUE ZUERCHER Z. The Federal Democratic Union has deposited 50000 signatures to indict a referendum against the law promulgated on the 10th of October of 1998, which regulates controlled distribution of heroin. Once the signatures have been verified, the referendum can take place on the 13th of June. *** 000472 28/01/99 AMERICA / COLOMBIA WAR ON DRUGS LE FIGARO The recent earthquake has turned out to be very useful to the guerrilla, because it gives it a chance to suspend the peace treaty with the Government. This will prolong the de-militarization of the southern part of the country, where the guerrilla is in control of drug production and traffic. But the state has other priorities, at the moment. *** 000478 03/02/99 E.U. / GERMANY WAR ON DRUGS FRANKFURTER The CDU party of Baden-Wuerttenberg is still following the Swedish model: force all drug addicts to disintoxicate themselves. In the meanwhile, although, it refuses to accept the 'Fixerstuben', centers for controlled distribution of hypodermic needles. *** CORAFax 1999 "To be removed from further mailings simply click on the link below; or just (only) type Remove in the subject!" mailto:cora.belgique@agora.stm.it?subject=CORAFax_Remove-Me-NOW! -------------------------------------------------------------------
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