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Accusing Boulder City of legalized extortion, the state's American Civil Liberties Union has offered to help a 56-year-old woman convicted of misdemeanor pot possession fight the city's threat to seize her $400,000 home or force her to pay to keep it. Although Boulder City, which accused Warren of selling marijuana out of her home, filed a lawsuit in April to confiscate her house, it also is discussing a deal that would allow her to keep it for a payment of up to $100,000.
"It would be terribly unfortunate if Boulder City was able to bully someone into paying a fine on a threat of taking their house away from them," said Gary Peck, Nevada ACLU executive director. Peck said his organization is willing to work for free with Warren's attorney, John Lusk, in resisting the Boulder City lawsuit if Warren decides to fight it in court. National ACLU officials also have expressed interest in getting involved in the case, he added. Lusk has spoken with the ACLU but declined to say whether he will take up its offer. Stressing that his first obligation is to protect Warren's interests, Lusk noted that a trial could be expensive and carries the risk of losing the home. Peck agreed that it might be in Warren's best interest to settle the case because of the uncertainties of any court case. "I would think she would have a strong case in the court of law," Peck said. "She certainly has a strong case in the court of public opinion.
"It demonstrates how misguided asset-seizure laws are and underscores the way in which the war on drugs is a war on the American people. This is a woman accused of having six marijuana plants in her house. The effort to seize her house is disproportionate to the offense." Boulder City Attorney Dave Olsen said Lusk told him about the ACLU's interest in the case, but added that will not affect the negotiations. "The ACLU is a very important part of our ( American ) process," Olsen said. "They get involved in constitutional issues, and you need to respect that. But merely hearing the ACLU rattling sabers does not cause any fear. We feel we have a very good case on this one." Olsen, who said he is willing to settle because he, too, always runs the risk of losing in court, said Friday that he will seek a settlement of between zero and $100,000. Lusk, who has suggested a token payment, declined to say what it will take to settle the case. But he emphasized that his client would not pay $100,000.
"If that's the number, a settlement wouldn't get off the ground," Lusk said.
Olsen said he is interested in a settlement that would at least recoup the costs of the police investigation and surveillance and other expenses that led to a raid of Warren's home in April. He said he does not know what that specific figure is. If the two sides cannot reach an agreement, the city will take the case to court, Olsen said. Warren was originally charged by the Clark County district attorney's office with possession of marijuana with intent to sell and conspiracy to possess marijuana, both felonies. Rather than take the case to court, the district attorney plea bargained it to a misdemeanor possession charge that required Warren to pay a $500 fine to complete drug counseling. Nevada ACLU attorney Allen Lichtenstein called Boulder City's attempt to extract a payment as high as $100,000 improper use of forfeiture laws, which he says were designed to go after organized crime. When such laws were enacted across the nation during the past three decades, civil libertarians feared they would be abused in this manner, he said.
"This kind of case is an abuse of power," Lichtenstein said. "Regardless of the outcome, to put a house in jeopardy has a chilling effect on the public. The laws were never intended for this kind of case." Olsen, though, said the forfeiture laws were not designed only for tackling organized crime. He said selling drugs in a small community like Boulder City is a threat to the community, especially its youth, and taking someone's house sends a message that it will not be tolerated.
"If you tell someone we are doing this for someone possessing a small amount of marijuana it sounds terrible, but if you say there is commercial marijuana growing in one room of the house, it sounds a whole lot different," Olsen said. Peck said state legislation passed in 2003 made it tougher for authorities to seize property. Boulder City's pursuit of Warren's home, he added, demonstrates that further changes are needed. "No one in the public is going to rest easier if they take her house away," Peck said. "If you are somehow trying to claim this is a powerful deterrent, that is ridiculous."
Newshawk: SirBlazinBowl - 420Times.com
Source: Las Vegas Sun (NV)
Copyright: 2005 Las Vegas Sun, Inc
Contact: letters@lasvegassun.com
Website:Las Vegas Sun Newspaper - Southern Nevada News, Sports, Politics, Entertainment & Opinions -
Author: Brian Wargo
"It would be terribly unfortunate if Boulder City was able to bully someone into paying a fine on a threat of taking their house away from them," said Gary Peck, Nevada ACLU executive director. Peck said his organization is willing to work for free with Warren's attorney, John Lusk, in resisting the Boulder City lawsuit if Warren decides to fight it in court. National ACLU officials also have expressed interest in getting involved in the case, he added. Lusk has spoken with the ACLU but declined to say whether he will take up its offer. Stressing that his first obligation is to protect Warren's interests, Lusk noted that a trial could be expensive and carries the risk of losing the home. Peck agreed that it might be in Warren's best interest to settle the case because of the uncertainties of any court case. "I would think she would have a strong case in the court of law," Peck said. "She certainly has a strong case in the court of public opinion.
"It demonstrates how misguided asset-seizure laws are and underscores the way in which the war on drugs is a war on the American people. This is a woman accused of having six marijuana plants in her house. The effort to seize her house is disproportionate to the offense." Boulder City Attorney Dave Olsen said Lusk told him about the ACLU's interest in the case, but added that will not affect the negotiations. "The ACLU is a very important part of our ( American ) process," Olsen said. "They get involved in constitutional issues, and you need to respect that. But merely hearing the ACLU rattling sabers does not cause any fear. We feel we have a very good case on this one." Olsen, who said he is willing to settle because he, too, always runs the risk of losing in court, said Friday that he will seek a settlement of between zero and $100,000. Lusk, who has suggested a token payment, declined to say what it will take to settle the case. But he emphasized that his client would not pay $100,000.
"If that's the number, a settlement wouldn't get off the ground," Lusk said.
Olsen said he is interested in a settlement that would at least recoup the costs of the police investigation and surveillance and other expenses that led to a raid of Warren's home in April. He said he does not know what that specific figure is. If the two sides cannot reach an agreement, the city will take the case to court, Olsen said. Warren was originally charged by the Clark County district attorney's office with possession of marijuana with intent to sell and conspiracy to possess marijuana, both felonies. Rather than take the case to court, the district attorney plea bargained it to a misdemeanor possession charge that required Warren to pay a $500 fine to complete drug counseling. Nevada ACLU attorney Allen Lichtenstein called Boulder City's attempt to extract a payment as high as $100,000 improper use of forfeiture laws, which he says were designed to go after organized crime. When such laws were enacted across the nation during the past three decades, civil libertarians feared they would be abused in this manner, he said.
"This kind of case is an abuse of power," Lichtenstein said. "Regardless of the outcome, to put a house in jeopardy has a chilling effect on the public. The laws were never intended for this kind of case." Olsen, though, said the forfeiture laws were not designed only for tackling organized crime. He said selling drugs in a small community like Boulder City is a threat to the community, especially its youth, and taking someone's house sends a message that it will not be tolerated.
"If you tell someone we are doing this for someone possessing a small amount of marijuana it sounds terrible, but if you say there is commercial marijuana growing in one room of the house, it sounds a whole lot different," Olsen said. Peck said state legislation passed in 2003 made it tougher for authorities to seize property. Boulder City's pursuit of Warren's home, he added, demonstrates that further changes are needed. "No one in the public is going to rest easier if they take her house away," Peck said. "If you are somehow trying to claim this is a powerful deterrent, that is ridiculous."
Newshawk: SirBlazinBowl - 420Times.com
Source: Las Vegas Sun (NV)
Copyright: 2005 Las Vegas Sun, Inc
Contact: letters@lasvegassun.com
Website:Las Vegas Sun Newspaper - Southern Nevada News, Sports, Politics, Entertainment & Opinions -
Author: Brian Wargo
