Pubdate: Sat, 30 Sep 2000 Source: Ft. Worth Star-Telegram (TX) Copyright: 2000 Star-Telegram, Fort Worth, Texas Contact: http://www.star-telegram.com/ Forum: http://www.star-telegram.com/comm/forums/ Author: John Moritz Notes from MAP: A high quality photo of the protest is at: http://home.flash.net/~rmz/Images/Aust000929-5.jpg Cited: Journey for Justice: http://www.JourneyForJustice.org/ ACLU http://www.aclu.org/ Updates: From the Journey are at: http://www.dpft.org/txj4jj.html and http://www.csdp.org/j4jtexas/ Bookmarks: MAP's link to Texas articles is: http://www.mapinc.org/states/tx For Journey for Justice Protest news items: http://www.mapinc.org/journey.htm Racial issues clippings: http://www.mapinc.org/racial.htm PROTEST SPOTLIGHTS 'RACIST' TULIA DRUG SWEEP IN PANHANDLE AUSTIN -- Lawanda Smith and Gerrod Ervine say they were singled out for prosecution because they are black. Chandra Vancleave says she was targeted in the same drug sweep last year in the Panhandle town of Tulia because she's white -- and engaged to a black man. "There is so much racism out there, it's unbelievable," said Vancleave, 21, who was part of a 40-person demonstration on the Capitol steps at noon Friday. "I have been called every name you can think of because I lived with a black guy." Vancleave, who paid a $2,000 fine for drug possession, and the others made the seven-hour bus trip to protest a July 1999 undercover operation that led to the arrest of almost 10 percent of Tulia's African-American population and a handful of whites who have ties to the black community. The Swisher County district attorney and other authorities have said that race played no part in the action, but the American Civil Liberties Union on Friday filed a federal lawsuit in Amarillo accusing law enforcement officers of civil-rights violations. The suit names District Attorney Terry McEachern, Sheriff Larry Stewart and undercover agent Thomas Coleman in addition to the county itself. The suit was filed on behalf of black Tulia resident Yul Bryant, who spent seven months in jail before the charge against him was dropped and he was released, said Jeff Blackburn, an ACLU lawyer. The suit seeks $1 million in actual damages and $1 million in punitive damages. The undercover operation was prompted by numerous complaints about the use of drugs in the community, officials have said. For example, people were concerned when a 1994 survey found that a number of high school students were using drugs. Many of the people protesting in Austin acknowledged that the rural farming and ranching community of about 5,000 is not drug-free. But they object to the sweep that resulted in 45 people -- 32 of them African-American -- being indicted. The arrests followed an 18-month undercover operation by a former sheriff's deputy from a nearby county who had befriended people in Tulia's black community, according to court testimony and news accounts. The arrests were made in a sweep conducted by five state, county and local law enforcement agencies, including the Tulia Police Department. Afterward, prisoners overflowed the jail, which already was filled to capacity. Some of the drug-sweep prisoners had to be transferred to jails in neighboring counties. Boarding the suspects, and then trying them, strained the county's financial resources, leading to a 5.8 percent tax increase. Smith, a 25-year-old mother of two, said she pleaded no contest to a charge of delivery of cocaine to avoid a long prison sentence, although she said she was not guilty. She received three years deferred adjudication, a form of probation in which the charge will not become part of a permanent record if she fulfills the terms set by the court. "The people who went to trial were sent to the penitentiary. I didn't want to take that chance," said Smith, who like the others in her group was wearing a black T-shirt with the message "Friend of Justice" on the front and "Do Justice, Love Mercy and Walk Humbly" on the back. "I've got two babies of my own, and I take care of five others who belong to the people who went to the penitentiary," she said. McEachern, who was in court Friday and unavailable for comment, told the `Star-Telegram in the spring that he was confident that justice was served in the arrests and prosecutions. He rejected assertions that race played a role. "The public pays me to prosecute criminals, and it doesn't make any difference to me if they are black, white, Asian, pink, purple or green," he said in a report published May 14. "Everyone has their reasons, but I don't care about their reasons. If they commit a crime, they have to be prosecuted." The sheriff and the undercover officer did not return calls Friday. Ervine, 18, said he served eight months in jail between his arrest and the time he pleaded guilty to charges of possessing cocaine with intent to deliver. He received an additional 90 days in jail and 10 years probation. "I can't stand here and say nobody in the town was selling drugs," he said. "There are drugs in every town. But there is no way there are `that' many people selling drugs in Tulia." - --- MAP posted-by: Thunder