SALT LAKE, OFFICER TO SETTLE IN PEYOTE SUIT

A former Salt Lake City police lieutenant, who happens to be Native
American, says she was fired after her superiors found out she and
her husband used the hallucinogenic plant peyote in religious
ceremonies. Now, attorneys for Salt Lake City have agreed to enter
into settlement negotiations and seek to have the suit dismissed
outside of court.

During a hearing in U.S. District court Wednesday, attorney Erik
Strindberg said after months of discussion, Salt Lake City has agreed
to enter into supervised mediation with his client, Terry Begay.
Begay claims she is seeking compensation for religious and racial
discrimination by Salt Lake City. According to her suit, she was
hired as a police officer by the Salt Lake Police Department in 1986.
Begay and her husband are both practicing members of the Native
American Church. Begay says she is a member of the Cherokee Chippewa
Tribe of Oklahoma and her husband is a member of the Shoshone Tribe
of Nevada. As part of their religious beliefs, Begay acknowledges
that she uses peyote in some of the sacraments at the Native American
Church. According to the suit, Begay also noted that she and her
husband had peyote in their possession and maintained the peyote
according to their religion's standard practices. In August 2002 the
Salt Lake City police received an anonymous letter alleging that
Begay was using and providing peyote to others in Native American
ceremonies. In January 2003, the department opened a formal
investigation into the allegations and Begay admitted to using peyote
as part of her religious belief.

In March, she was fired from the department. According to the
department, Begay was fired for violating department policy to obey
the law. The department maintains that Begay violated the policy by
using and distributing peyote.

However, although peyote is a Schedule One controlled substance,
federal law allows members of a federally recognized tribe to use and
possess it. Begay fought to get her job back. She appealed her
termination to the Salt Lake Civil Service Commission, which set
aside Begay's termination and ordered Salt Lake City Police
Department to reinstate Begay with back pay. Salt Lake City appealed,
but again the Salt Lake Civil Service Commission upheld their decision.

The city appealed to the Utah Court of Appeals. In February, the
court of appeals noted that Begay was entitled to use and possess
peyote and upheld the commission's decision. Recently, the U.S.
Supreme Court has held the use of certain hallucinogenic drugs, such
as peyote, is constitutional for religious practice, although peyote
itself can only be used by Native American tribal members. Strindberg
said Salt Lake police never reinstated Begay. Instead, she was placed
on paid leave but not given back pay. Strindberg said the city went
after Begay's accreditation as a law enforcement officer and filed
action against her with Peace Officer Standards and Training. After a
hearing, POST suspended Begay's license for five years.

That decision is now pending before the Utah Court of Appeals.
Strindberg said both POST and Salt Lake City have both agreed to
enter into mediation to reach a settlement with Begay resolving all
issues related to the dispute.

An attorney for Salt Lake City confirmed in court Wednesday that she
expected all parties to enter into settlement negotiations by late
July or August. Strindberg said it is his client's ultimate hope to
once again be a law enforcement officer.