MERCIFUL JUSTICE

Sometimes justice and mercy seem irreconcilable, but not so in the case of
George and Mary Barnes. The Barneses, both in their 80s, were to be evicted
from their modest apartment at the Taney complex because their adult son,
who lived with them at Taney, was arrested for selling marijuana. Police
also found two bags of marijuana in his bedroom. Under Department of
Housing and Urban Renewal (HUD) one- strike-you're-out rules, his aged
parents could be tossed out of their apartment. This one-strike policy is
applicable when members of a household or guests are involved in
drug-related crime in the projects.

Drug trafficking and its attendant crimes have plagued government housing
projects for decades. Such activity has made many of those places unfit for
habitation. Many who have lived in the projects have been virtual prisoners
of their own apartments, afraid for their lives to come and go in a normal
way. We support the one-strike rule, as do the law-abiding residents of
these housing projects.

HUD's guidelines have been termed draconian by some because they don't
provide a second chance to offenders. But they were not instituted on a
whim or because of a cavalier attitude towards those living in these
housing projects. They were, in fact, a last resort.

The public outcry over the fate of George and Mary Barnes is understandable
and correct. They had been good tenants of Taney for nearly half a century,
and claim to have had no knowledge of their son's marijuana dealings. We
don't know if that's the case or not, but sympathize with them, at their
stage of life and health, even if they had known he was dealing marijuana.

What should happen here? First, the Barnes' 51-year-old son should be
prosecuted for his criminal activity, which we assume he has been or will
be. He should also be kicked out of Taney and never be allowed to return.
He was the problem, not his elderly parents, and no purpose - practical or
moral - would be served by evicting these senior citizens from their home
of 49 years.

The HUD policy that is being cited in this case by the Frederick Housing
Authority is an option, not a requirement. It can be used when necessary,
and should be. But as an option, we can think of few scenarios where it
would be less called for. Teresa Justice, executive director of the local
housing authority, has apparently not been able to ignore the pleas for
leniency for Mr. and Mrs. Barnes. She is reconsidering her initial decision
to invoke the one-strike policy against the Barneses, and will present
their case to housing commissioners. We don't fault Ms. Justice in the
least for her initial decision. Extremely strong reasons need to exist
before this policy should ever be waved. Such reasons exist in this case.

We urge our housing commissioners to rely on their common sense and
compassion in the case of the Barneses. Theirs is a case where justice and
mercy can easily be reconciled.