CARBONDALE PUTS RAPID END TO SMOKING ACCESSORIES SALES

Carbondale businesses selling smoking accessories were notified by the
Carbondale Police Department Friday afternoon that they would have to
remove all items described as "drug paraphernalia" within 48 hours or face
felony charges.

Puff n' Stuff, Discount Den, Mischief's and Plaza Records, all of
Carbondale, received notice Friday from Police Chief R. T. Finney that the
businesses are "possibly in violation" of an Illinois statute concerning
the sale of drug paraphernalia. In accordance with Finney's statement, the
stores, which have been selling these products for several years, are
required to empty their shelves of all smoking products by Sunday afternoon.

Representatives of the Carbondale Police Department could not be reached
for comment Saturday.

The motive of police may stem from comments made at Tuesday's City Council
meeting, where Discount Den, 819 S. Illinois Ave., was denied a package
liquor license.

Paul Bartlett, a partner in Discount Den, was questioned about the sale of
paraphernalia at his store, and stated the store sold pipes that he did not
believe were used for legal substances.

The business most drastically affected by the action is Puff n' Stuff, 811
S. Illinois Ave., because the biggest portion of the store's income comes
from the sale of smoking accessories.

Lori Walls, owner of Puff n' Stuff, said she was shocked by the
notification she received Friday.

"We've always done everything to obey the law," Walls said. "There has been
no indication before that there has been any problem."

The biggest difficulty for Walls was the timing of the notice. She said
notification was distributed too late to contact an attorney on the matter
before the 48 hour limit expires, or to substitute other products for the
items in question.

She also said her business and others around the state have been operating
for years without any problems.

"I want to know why," Walls said. "If this is such an issue, why here and
why now? [Paraphernalia stores] are all over the state. They are in
Chicago, Champaign, Bloomington-Normal-everywhere."

The action by the Carbondale Police Department is in enforcement of the
Drug Paraphernalia Control Act, a part of the Illinois Compiled Statutes.
The act states that any items specifically marketed for the use of
introducing cannabis, cocaine, hashish or hashish oil into the body are in
violation of the act.

The act also states that items marketed for use with tobacco or other legal
substances, which Walls said her products are intended for, are exempt from
the act. It is not clear how the legal interpretation of the act will
affect Carbondale businesses.

Walls said she was concerned with the precedence set by this type of action
in Carbondale.

"It's not that I'm not willing to comply, but this kind of just coming in
and saying 'You have to do this' seems more like Russia or Germany during
the second World War," Walls said. "Are we going to burn books next because
they have something in them that we don't like? Where does something like
this end?"

Though the items sold by retailers like Walls may not necessarily be used
for legal purposes, she said that what people do with products once they
leave the store is something she has no control over.

"I think people should have the right to make their own choices," Walls
said. "And I think you have to pay for the consequences of bad choices."

Imogene Pennington, bookkeeper for Puff n' Stuff, questioned the suddenness
of the city's move.

"First of all, why did they ever let this place open in the first place if
this stuff was illegal," Pennington said.

"Secondly, why have the police let us operate for five years if it's illegal?"

Walls said the consequences of the immediate enforcement of the Illinois
statute will hurt not only her, but the six to eight people employed by
Puff n' Stuff.

"This is not just affecting me, it is affecting all these people that work
here," Walls said. "We have got all these employees that work here that are
depending on this job for their livelihood."

Scott Uzzle, a manager at Discount Den, said he thought the move clearly
stemmed from comments made by Paul Bartlett at Tuesday's City Council meeting.

"We wanted to get a liquor license, but they thought because we sell
paraphernalia with the arcade next door and the child care center across
the street, that all of this is bad" Uzzle said.

"That is where Paul [Bartlett] asked them to show where it says it is
illegal to sell these items for tobacco purposes-prove that it is not a
pipe intended for tobacco."

Though the notice was served by the Carbondale Police Department, Uzzle
said he thought the police were simply doing their jobs.

"It is not totally the police in this matter," Uzzle said. "It gives them
something to do while the students are gone, but it is your city
government. If you want to change things you have to go to the city
government."

Plaza Records, 825 S. Illinois Ave., was also served with the notice Friday
afternoon because they had a small case of items considered paraphernalia
for sale in the back of the store.

John Sands, assistant manager, said the city action would not have much
effect on his business, which is mainly the sale of compact discs and
records. He said he could see that other small businesses may have to shut
down.

"This is a direct attack on certain small businesses," Sands said. "The
city should have looked at the situation more before doing this."

Cindy Alexander, owner of Mischief's, 611 S. Illinois Ave., said her store
would not be seriously affected because smoking accessories were only a
small part of her business.

Alexander also said she had expected such a move might be made by the city
at some point, which is why she did not make the smoking accessories a
major part of her business.

"Look at it," Alexander said. "With common sense you can see what is going
on. I knew this would happen when I started, that is why I didn't carry
that much [paraphernalia]."

Alexander said the point is that businesses cannot expect to circumvent the
law.

"I'm just being honest," Alexander said. "Look at it and you can see what
is right and what is wrong-laws are laws."