STORES BUSTED FOR BONGS

Representatives Of Two Businesses Say They're Puzzled By DEA Raids

For 15 years, Art Campbell has sold figurines, clothing, incense, candles
and smoking equipment at his store, Traveling Treasures, and never knew he
was doing anything illegal.

But on Aug. 15, agents of the U.S. Drug Enforcement Agency swooped into
Traveling Treasures, 1048 W. Jefferson St., and confiscated $35,000 to
$45,000 worth of smoking pipes and water pipes, known as "bongs."

"They took all our pipes, saying it was drug paraphernalia," Campbell said
Tuesday. "I never knew I was doing anything wrong.

"I sell fatigues, and I have policemen in this store almost every day. I
always said, 'If you see anything illegal, take it away.' No one's ever
said anything. I've never had any problems. And one day the DEA comes in
the door."

The same thing happened the same day across town at Penny Lane, 2901 S.
MacArthur Blvd. Charles "Chick" Delano, attorney for Penny Lane owner Joe
Utterback, said the DEA has not yet provided him with affidavits outlining
why the agency targeted the stores or inventory sheets documenting what was
confiscated.

"We don't have the benefit of that yet," he said. "I would assume we'd get
it some time this week. Frankly, I thought we'd have it by now."

Delano said he was told raids had taken place at other similar stores in
Illinois. According to employees at Bogart's in Champaign and Mother
Murphy's in Bloomington, however, no such raids have occurred there.

The local DEA office referred calls to the U.S. attorney's office, where
spokeswoman Sharon Paul said she could not confirm that the raids had taken
place or whether an investigation of drug paraphernalia sales is under way.

The pipes in question can be used to smoke either tobacco and marijuana,
although stores have signs warning that the items are sold only for tobacco
use. Buyers are carded to make sure they are adults. Some stores will not
sell to people who use terminology that indicates they will be using the
devices to smoke marijuana.

Campbell said he took all those precautions and doesn't understand why the
federal government has stepped in.

"It's like they picked us and Penny Lane to make an example of us," he said.

"What are we allowed to carry? I don't want to put stuff here and have them
say it's drug paraphernalia. It's crazy. This should be the law across the
country and not just in Springfield, Illinois. What about Bloomington?
Champaign? The small tobacco shops that sell similar items? It's not a
level playing field."

Penny Lane, which also sells clothing, candles, posters and other items,
has been targeted before.

According to newspaper records, Illinois State Police raided the store in
1986 and confiscated two pickup trucks full of merchandise. In 1990, the
Sangamon County state's attorney's office considered using Penny Lane as a
test case for Illinois' anti-drug-paraphernalia law.

The federal government has conducted similar raids periodically in other
areas of the country.

Kathy Fiedler, owner of Daydreams in Des Moines, Iowa, said her shop was
targeted about 21/2 years ago.

"They whammed my shop, and I can probably tell you which law they're
working on - U.S. v. Posters N' Things (actually a 1994 U.S. Supreme Court
decision) - which in a nutshell says it's a felony for anyone to possess a
water pipe or contemporary hand pipe. It doesn't have to be used or belong
to you, but just in your possession."

Fiedler said she lost her case and was never compensated for what was
confiscated.

According to the Supreme Court ruling, authorities do not need to prove
that a defendant charged with selling drug paraphernalia knew the buyer
would use the items with illegal drugs, but only that their customers are
likely to use the items in connection with drugs. A manager at Mother
Murphy's in Bloomington said Tuesday it's his understanding the law is
based on intent.

"If you talk something we don't want to hear, we don't sell it," he said.
"Nothing has happened here, in Champaign or Peoria. At first, we thought
they must have done something wrong in Springfield, but it doesn't appear
like that happened. I don't know why it happened."

Campbell said it's likely his store will survive the confiscation of the
items, although it will be a financial hardship.

He emphasized that his business supports community activities, contributing
to charities, sponsoring Little League and soccer teams and giving money to
police organizations. "We're baffled," he said. "We're an accepted part of
this community, and now all of a sudden we're villains."