ACLU SUES TO GUARD MARIJUANA MEASURE CONGRESS ORDERED D.C. VOTE VOIDED

Saying that D.C. voters have a right to decide political issues, the
American Civil Liberties Union filed suit yesterday to prevent Congress
from voiding the results of a measure on Tuesday's ballot that would make
it legal for seriously ill people to use marijuana for medical reasons.

Activists had gathered enough signatures to put Initiative 59 on the
ballot, contending that marijuana can help alleviate the symptoms of
illnesses such as AIDS, cancer and glaucoma.

Five other states will decide similar issues Tuesday. Only in the District
did Congress step in to the debate.

Rep. Robert L. Barr Jr. (R-Ga.) sponsored an amendment to the D.C.
appropriations bill that prohibits the District from using money on an
initiative that would "legalize or otherwise reduce penalties" for users of
marijuana. Barr's amendment, passed with the fiscal 1999 D.C. budget on
Oct. 21, was targeted at Initiative 59.

During deliberations in Congress, Rep. J. Dennis Hastert (R-Ill.) expressed
support for Barr's amendment, saying the legislation ensured that the
District "should not and shall not make marijuana a legal substance."

The D.C. Board of Elections and Ethics had already prepared ballots and set
up computers to count Tuesday's vote, so people still will be able to vote
"yes" or "no" for Initiative 59, officials said. The votes will be counted,
but the outcome cannot be officially certified. If the measure passed, it
would not become law.

The lawsuit, filed against the D.C. elections board, asks the court to
order city officials to certify results so that the measure can become law
if it passes. The matter was assigned to U.S. District Judge Richard
Roberts. A hearing has not been set.

"We are outraged that once again Congress has tried to exert its parochial
interests on the District of Columbia," said Mary Jane DeFrank, executive
director of the ACLU of the National Capital Area, which teamed with
proponents of the initiative to file the lawsuit.

ACLU leaders said the action marked the first time that Congress had
stepped in to block results of a D.C. election, saying it was yet another
blow to home rule. The lawsuit contends that Congress has violated the
constitutional rights of D.C. voters by imposing a restriction based on a
particular point of view. Had the District wanted to increase penalties for
marijuana, the lawsuit states, the congressional action would have no
impact. But because the initiative met with "disfavor" in Congress, the
members took action to block it, the suit states.

"The Barr amendment prohibits any initiative that would reduce the
penalties for marijuana, but allows any initiative that would increase
those penalties," said Arthur Spitzer, the ACLU's legal director. "That is
like saying voters can vote for Republicans but not for Democrats, or can
vote to build nuclear power plants but not to ban them."

Initiative 59 would change D.C. law to legalize the possession, use,
cultivation and distribution of marijuana if recommended by a physician for
serious illnesses. It also would require the city to provide for the "safe
and affordable" distribution of marijuana to Medicaid patients and others
whose doctors recommend it. Mayoral candidate Anthony A. Williams (D)
favors the measure, along with a majority of D.C. Council members,
including his opponent, Carol Schwartz (R-At Large). People suffering from
AIDS-related symptoms contend that marijuana combats nausea and enables
them to eat better and take medication.

Joining in the lawsuit: Wayne Turner, who led the initiative campaign; the
"Yes on 59" association; and activists including Jim Graham, a D.C. Council
candidate and executive director of the Whitman-Walker Clinic, the city's
largest provider of AIDS-related medical services. Turner urged supporters
and opponents to vote on Tuesday, vowing to make the results count.