COMMON WEALTH BOOTS LONGTIME TENANT

Yes, Virginia, in Madison even a misdemeanor pot bust can get you evicted

Don Helley does not come across as a dangerous fellow. The 50-year-old
Madison resident is a well-known local figure who works at a fruit stand on
Library Mall and was featured in a documentary about State Street. In 1991,
he placed third in a crowded primary for Madison mayor, behind Paul Soglin
and Rich Bogovich.

But Helley was just evicted from his apartment in the 1300 block of Jenifer
Street by Common Wealth Development Inc., one of Madison's premier do-good
housing groups, for "illegal drug use," presumably stemming from his recent
misdemeanor conviction for marijuana possession.

Helley had lived in the apartment for 12 years, since before it was
acquired by Common Wealth. "I'm such a Steady Eddie," he muses. "I find
something I like, I keep it." Back then, the four-unit was owned by Madison
Mutual Housing Association; Helley served on the coop's board of directors
and edited its tenant newsletter.

Last weekend, Helley vacated the premises, as ordered. He managed to find a
new place just down the street, but his mind is still reeling: "At no time
did anyone mention that my housing would be lost to me because I pled
guilty to misdemeanor possession."

It all began last Aug. 17, when two Madison police officers showed up at
Helley's apartment, apparently in response to a tip that he was selling
pot. By his account, they intimidated him into letting them enter and
search the premises, during which they found about seven ounces. The cops
claim Helley admitted selling pot to friends; he says he told them he
shared it.

Helley was charged with possession with intent to deliver, a felony. His
attorney, Peter Steinberg, filed a motion seeking to have the evidence
disallowed, on grounds that police did not read Helley his rights or obtain
his "knowing, intelligent and voluntary consent" for a search. (For the
criminal complaint and an affidavit by Helley in support of this motion,
see Doc Feed at thedailypage.com.) The motion was never decided, because
the Dane County District Attorney's Office agreed to let Helley off with
$1,945 in fines and no jail time in exchange for a misdemeanor conviction;
the deal was sealed in mid-March.

On May 7, Common Wealth property manager Paul Jasenski "with great sadness"
notified Helley by letter that he was being evicted for violating a
standard lease provision that tenants not "make or permit use of the
Premises for any illegal purpose."

Marianne Morton of Common Wealth declines to comment on Helley's case. But
she says the group is "obligated to uphold those lease rules" and that "if
violations come to our attention, we have to address them."

Does that mean tenants in any of Common Wealth's 50 housing units can
expect to be evicted if they get caught smoking dope in their homes? "We
try to be reasonable and consistent in our enforcement," replies Morton. "I
think we have a solid history of that."

But attorney Steinberg sees what happened to his client as part of a
disturbing trend: "Prohibitionists have been infiltrating Madison agencies
and services for years." And Helley's ordeal has stirred strong reaction
among local proponents for drug-law reform.

"He's a solid member of the community who happens to enjoy a little pot,"
says one. "Madison does not need protection from the Don Helley's of the
community."