DEALER BAN DROPPED

New Westminster's decision Monday to eliminate a contentious portion of its
public-nuisance bylaw gets the municipality out of a costly court wrangle
with the B.C. Civil Liberties Association.

Under sections of the bylaw, which was enacted in May 1998, convicted drug
dealers are excluded from certain areas of the city for a year after
conviction.

Establishing such measures is outside the city's authority, the BCCLA says,
and violates dealers' Charter rights.

"It was a bad law and we're happy to see it go," said BCCLA executive
director John Westwood.

Mayor Helen Sparkes said yesterday that avoiding court gives the
municipality the option of reinstituting the ban if the situation becomes
problematic again.

But the BCCLA countered that it is fully prepared to mount another legal
challenge if New Westminster reinstates the ban.

"We'd be there in a flash," said Westwood.

The BCCLA will be dropping its court challenge of the bylaw after council
gives final approval to the changes at its March 13 meeting.

Sparkes said yesterday that estimates "bandied about" for the city's legal
costs ranged from $50,000 to $100,000.

The BCCLA's legal work was done pro bono by John McAlpine, QC, Richard
Peck, QC, and Bruce Elwood, with research done by Westwood and volunteers.

Two years ago, downtown New Westminster was swamped with crack cocaine
dealers using SkyTrain stations and surrounding neighbourhoods to hawk
their wares.

Sparkes said police have told council the bylaw was now unnecessary because
the drug problem has been under control for more than a year.

"The police have also advised council that other effective means are now in
place to control drug trafficking in the downtown and commercial areas of
the city," Sparkes said.

Although the bylaw was never applied directly, police issued warnings and
told people to leave the restricted areas, Westwood said. New Westminster
police representatives were not available to confirm this.