CITY CLOSER TO BANNING SMALL GLASS TUBES

The Mobile City Council moved one step closer Tuesday to passing a
ordinance to outlaw small glass tubes that police say are used to smoke
crack cocaine, although sale and possession of such pipes apparently
already are banned under state law.

In a public safety committee meeting Tuesday afternoon, members of the City
Council and Richard Cashdollar, the city's public safety director, asked
that the council's lawyer redraft a proposed ordinance that would mirror
the language of the Alabama law.

State law forbids the use, possession, delivery or sale of drug
paraphernalia, defined as "equipment, products, and materials of any kind
which are used, intended for use, or designed for use ... introducing into
the human body a controlled substance in violation of the controlled
substances laws of this state."

If passed at the council meeting next Tuesday, the city's version of law
would specifically note that small glass hollow tubes are forbidden to be
used or sold as drug paraphernalia.

The council's lawyer, Jim Rossler, said that adopting wording similar to
that of the Alabama law would be a way to send the public a message that
the city is against drugs without putting the city at much risk for
lawsuits about the constitutionality of banning the pipes.

At the last City Council meeting, councilmen Ben Brooks said he wanted
Rossler to review and find the tightest language for creating an ordinance
that would stand up in court.

Some council members said they would vote for the ordinance but expressed
concern that the council was passing a law that would not have any effect
on the drug problem in Mobile.

Clinton Johnson said that of course he was against the use of drugs but, "I
want my message to have results."

"It's very petty," Johnson said. "If I participate I want it to mean
something."

Johnson said he voted in favor of the ordinance, though.

Councilman Fred Richardson said that state law already gives the police the
ability to arrest people for the use of crack pipes.

"Police aren't stupid," Richardson said. Plus, he said, users can go to
Baldwin County or Prichard and buy the pipes.

In response, Councilwoman Connie Hudson said, "Let them go elsewhere."

Brooks said that the council should continue with the momentum that the
news media and council have already created by discussing the pipes.
Already the pipes are coming off convenience stores' shelves, Brooks said.

Attorney Claude Patton attended the public safety meeting and told the
committee that he thought the ordinance wouldn't hold up in court.

Having represented people who use ink pens, copper pipes and stereo
antennas as drug paraphernalia, Patton said if the city banned the pipes
drug addicts would readily find new instruments from which to smoke crack.

Patton said he attended the meeting on behalf of clients who wished to
remain anonymous. He told the committee members they would have to meet
every week to ban a new device for smoking drugs.

Lawyers could easily challenge the law and that the police would have a
hard time enforcing it, Patton said. Some members of the council were
unfazed by the lawyer's comments.

"I'm ready," Brooks said. "Let's stay on their (drug users) tails."