Pubdate: Fri, 07 Dec 2001
Source: Salt Lake Tribune (UT)
Copyright: 2001 The Salt Lake Tribune
Contact:  http://www.sltrib.com/
Details: http://www.mapinc.org/media/383
Author: Joe Baird
Bookmark: http://www.mapinc.org/decrim.htm (Decrim/Legalization)
Note: Kevin Cantera contributed to this story.

BIG WATER IS BOILING MAD OVER CITATIONS

The mayor-elect of Big Water is accusing state and county police of
harassing residents after the Town Council passed an ordinance that
essentially decriminalizes the possession of small amounts of marijuana.

Mayor-elect Willie Marshall says Utah Highway Patrol officers and Kane
County sheriff's deputies began cracking down Wednesday on Main Street and
stopping drivers for minor violations just outside the southern Utah town.

"They're ticketing everyone for everything," Marshall said. "It's very clear
that this is retaliation and harassment for the passing of the [marijuana]
ordinance. It's very scary."

Marshall says a UHP officer asked town employees for a copy of the ordinance
after it passed two weeks ago, then warned them that "all hell was going to
break loose" because of the statute -- which calls for $10 and $5 fines for
possession of an ounce or less of marijuana or of drug paraphernalia.

Defendants also can enter plea-in-abeyance agreements, allowing charges to
be dismissed if they abide by the plea conditions.

Kane County Attorney Eric Lind calls the Big Water ordinance a violation of
the state's marijuana possession law, a class B misdemeanor punishable by a
fine and up to 6 months in jail.

Marshall called the American Civil Liberties Union after Wednesday's alleged
clampdown, noting residents were being ticketed for cracked windshields, not
wearing seat belts and driving with Arizona plates. Big Water, a town of 400
residents, is located 60 miles east of Kanab near the Arizona border.

"He has contacted us and we are concerned with these allegations," said Utah
ACLU Executive Director Carol Gnade. If the complaints can be substantiated,
she added, "we would seriously review anything of this nature."

However, UHP Col. Earl Morris said that the stopping of motorists near Big
Water was part of a "special enforcement" effort that was planned weeks ago.

He blamed any misunderstanding on a "casual conversation" between a trooper
and a Big Water resident.

"Our job is to enforce the law," Morris said. "If they want to call it a
coincidence, they can. We don't go after people in a vindictive manner."

UHP conducts special enforcements throughout the state -- such as last
month's crackdown on speeders on Interstate 15 in Salt Lake County -- where
troopers focus on a geographic area and look for violators.

"We have targeted many areas around the state. Big Water got it for a day
[Wednesday]," Morris said. "They can expect we will be down there again."

Morris said five troopers were involved in Wednesday's actions near Big
Water.

Kane County Sheriff Lamont Smith did not return phone calls.

County Attorney Lind says he was unaware of any crackdown, but noted that
"if there are violations of the law, then there's no argument."

Even so, Lind also says he is not eager for a drawn-out battle over the
marijuana ordinance.

"I don't want a big legal fight," he said. "I intend to work with the
Attorney General's Office to make sure this is repealed, but I hope we can
work it out with Big Water in a friendly way."

But Marshall says Wednesday's events will make that more difficult.

"There's been no big uproar in town over the ordinance," he said. "But now
there may be, because we're apparently living in a police state."
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