V, No. 39-S Ann Arbor, Michigon-Friday, July 12, 1974
Ten Cents Twelve Pages
By DAVID WHITING
Ypsilanti's five dollar fine for
possession of marijuana, appiroved
by voters last April, was declared
unconstitutional yesterday by a
14th District Court judge.
"The guts of the ordinance is in-
valid and therefore the whole thing
is invalid," Judge Thomas Shea
said, citing two points in the ordi-
nance which conflict with state
laws governing the drug:
-Ypsilanti law makes possession of
marijuana with intent to deliver a mis-
demeanor while the state-controlled sub-
stance statute calls it a felony;
-local law directs court clerks to ac-
cept a maximum five dollar fine for vio-
lation. Shea said this provision "is in
violation of the state constitution in an
attempt to direct" court operations.
THE RULING came during a prelimi-
lary examination ofwDavid Gray, 19,
whom police claim was attempting to
smuggle two joints concealed in a pack
of cigarettes to his step-brother at the
Ypsilanti City Jail April 29.
After conferring with Washtenaw
County Prosecuting Attorney Lynwood
Noah the Police Department decided to
challenge the new law by charging Gray
under state statutes with possession of
marijuana and intent to deliver.
The city's marijuana ordinance like
Ann Arbor's city charter amendment,
makes dope possession punishable by a
ticket and five dollar fine, while state
penalties include up to four years im-
prisonment and. a $2,000 fine.
The ordinance further directs police
officers to see only the Ypsilanti City
Attorney and use just local laws in mari-
juana violation complaints.
IN MAY Noah charged that the mari-
juana ordinance was "blantantly illegal"
contending that "the police have an ob-
ligation to prosecute under the state
law" adding that "state law takes pre-
cedence over city law."
In discussing his decision, Shea claim-
ed Ypsilanti "had no authority to re-
quire a court clerk or judge to do any-
thing" and that under article seven, sec-
tion 22 of the state constitution says that
state law takes precedence over city
In reference to the effect of the de-
cision on Ann Arbor's five dollar dope
law, City Attorney Edwin Pear said that
a ruling by a 14th District Judge "is not
binding on the 15th District" of which
the city is pert,
HOWEVERPear did add that "state
law supercedeing city law is the prin-
ciple" alluding to pending cases which
might result in declairng Ann Arbor's ally Photo by
marijuana charter amendment uncon- DAVID GRAY, 19, of Ypsilanti faces up to four years imprisonment after
stitutional. police charged him with violating state marijuana laws. A judge yesterday
See JUDGE, Page 9 ruled the Ypsilanti $5 dope ordinance unconstitutional in Gray's test case.
CityIheads off strike as
By GORDON ATCHESON
The city administration and a local
union representing about 300 municipal
employes averted a strike yesterday
when they reached a tentative contract
agreement, following a marathon nego-
Details of the two-year contract were
not released, pending a vote tomorrow
on the package by rank and file mem-
bers of the American Federation of
State, County and Municipal Employes
(AFSCME) Local 369.
THE WORKERS, who include refuse
collectors, other public- works employes,
and clericals, had threatened to walk
out if no agreement was reached by 7
Just four hours before that deadline,
both sides approved a compromise set-
tlement. "We are satisfied that the con-
tract is adequate," AFSCME Local
President William Northrup said when
the talks ended.
City Administrator Sylvester Murray
said the administration was also "satis-
fied" by the terms of the contract. "Con-
cessions were made by both sides, but
the agreements was prefera
strike," he added.
THE UNION had originally
a 60 cent per hour increasec
the form of wage and cost of liv
while the administration had
15 cent jump.
At the time the city made
Murray said the administration
go much higher because of f
straints that have already re
employe lay-offs and service r
Although wages proved to be
jor disagreement between the
the employes, certain fringe
had to be resolved through ne
No details on those items were
HOWEVER, Northrup indicat
ion had won a "modification" o
ploye lay-off procedure. The i
argued that the administration
much control over employe
in the current AFSCME contra
On Monday, the union reje
city's proposal and voted in ef
on strike unless a better offer w
Prior to the final seven-h
gaining session, which began W
ble to a night, Murray and other members of
the administration met in closed session
requested with City Council to determine if an im-
coming in proved package could be suggested to
ing hikes, the union.
FOLLOWING that discussion, Coun-
its offer, cilwoman Carol Jones (D-Second Ward)
could not said the city's position had remained
iscal con- "essentially unchanged" because any in-
tsulted in creased offer would be financed by lay-
eductions. ing off additional employes.
e the ma- However, it became apparent that dur-
city and ing negotiations with the union, the city
benefits modified its offer to. some extent. But
egotiation. Murray would not comment on whether
released workers would have to be dismissed to
meet the wage commitments in the new
ed the un- contract.
f the em- "We will spend the next two days com-
union has piling a report on the ramifications of
holds too the contract and then council will give
dismissals us guidance on where to get the money,"
et. Murray said.
ected the Northrup said the administration
fect to go "gave no indication" where the addition-
was made. al money would come from, although he
tour bar- conceded. the city faces many "tough"
Vednesday financial problems.
Impeachment evidence released.Pae