HENRY: WAR ON DRUGS LABELS ENTIRE COMMUNITY

The city of Tulia has a drug problem.

Not necessarily with drugs specifically, but with the methods the community
has chosen to wage its war on drugs.

Tulia's drug problem is not any more extensive than the problems faced by
most cities and towns. However, that is where the similarities end.

Controversy has enveloped this small community of roughly 5,000.

The sign alongside I-27 that proclaims Tulia as "the richest land" and "the
finest people" has been put to the test.

Depending on point of view, which until the mounting wall of litigation is
complete is all there is, Tulia is either a community of dictatorial
racists bent on shredding the Constitution or a town whose residents,
school officials and law enforcement personnel have taken the initiative to
address the damaging and dangerous effects of drugs in their community.
Either way, the controversy in Tulia is a sexy story, complete with
allegations of conspiracy, invasion of privacy and even a local tax
increase thrown in for good measure.

What more could the media want?

"I really can't see how all this is not going to give Tulia a black eye,"
said a former educator at Tulia High School who moved on to a larger
district before the controversy reached the near-boiling point it is at
now. "That is what is bad about it."

"All this" is partly in reference to the school district's decision in 1997
to institute a drug test for all students participating in extracurricular
activities.

Hollister Gardner, then a THS student, and his cousin, Molly Gardner, filed
suit in January 1997 protesting the policy. The case is awaiting decision
in U.S. District Judge Mary Lou Robinson's court. TISD recently voted to
file a petition forcing Robinson to issue a ruling.

But wait. There's more.

"All this" also includes a recent undercover drug sting in Swisher County.

The 18-month operation resulted in the arrest of 43 individuals, 40 of whom
happen to be black. The sting has drawn the legal wrath of the American
Civil Liberties Union and the National Association for the Advancement of
Colored People.

Lawsuits have also crept up in this controversy, including allegations of a
conspiracy to bust Tulia's black population by Swisher County Sheriff Larry
Stewart, District Attorney Terry McEachern and undercover officer Tom
Coleman. To add insult to injury, residents were hit with a tax increase to
offset the cost of prosecuting those who got stung.

The only thing missing in Tulia these days that could possibly add to the
controversy is a a grassy knoll. Don't think for a second certain segments
of the national media aren't combing "the richest land" looking for one,
either.

Regardless of the outcome of pending litigation, Tulia isn't likely to
emerge as a vacation spot for out-of-towners anytime soon. Image will be
the primary casualty in Tulia's war on drugs, but this is a reality
residents are willing to accept.

Two separate situations focused on the same objective, combating illegal
drugs, have given Tulia the perception of an intolerant, bigoted community
without respect for individual rights.

That seems a stiff price to pay.

"We think the ends justify the means," said 15-year TISD Superintendent
Mike Vinyard in reference to the district drug testing policy.

The policy is more or less voluntary at the discretion of parents. In tests
earlier this month, 91.6 percent of student volunteers and those
participating in extracurricular activities submitted to testing.

The number of students testing positive has decreased since the policy was
instituted. Granted, students under the influence of illegal drugs will
choose not to participate, but the requirement of parental approval puts
the ultimate responsibility where it belongs - with the parents.

The allegations surrounding the drug sting are much more serious in nature,
and if proven accurate, represent a much larger problem in Tulia than
illegal drugs.

The bottom line is whether those arrested, prosecuted and sentenced (one
individual to 434 years) broke the law. According to McEachern, 24 of the
43 individuals pleaded guilty or had previous felony charges.

The color of an individual's skin should be not used as a tool for
manipulating the justice system any more than as justification for arrest.
These perceived injustices will be determined in court.

In the meantime, the entire community of Tulia, with "the richest land" and
"the finest people" is painted with a broad brush for taking a proactive
stance against illegal drugs.

Unfortunately, this is also a sign of the times in Tulia.

Dave Henry is editorial writer for the Amarillo Globe-News, P.O. Box 2091,
Amarillo, Texas 79166. His e-mail address is dhenry@amarillonet.com. His
column appears in the Thursday Daily News.