. 9 0 0 Pot from 1 The law has become a symbol of an age revered by many students. But beneath politics and legend stands a law that is neither curse nor blessing - a law that has had surprisingly little impact on Ann Arbor. For the first time since 1974, the law will be an election issue this year: Voters will decide April 4 whether or not they want the amendment repealed. It's reemergence on the political scene has awakened memories of past con- flicts over the law. Although popular notions suggest that University students were the in- spiration for the liberal law. founders of the ordinance say students had little to do with its genesis. Robert Faber, a Democratic city councilman from 1969 to 1973, says the original ordinance was proposed not because of student or political pressure, but was instead a matter of community awareness. "I guess Democrats voted in favor of the law. but it was an attitudinal thing; it wasn't really a party issue at that point," he says. "There were terrible problems with drug usage and enforcement, and it was getting more severe," Faber says. "I had heard of something like this elsewhere, and I thought it was a won- derful idea to reduce the penalty for use of marijuana." By decriminalizing pot, Faber says he and others intended to eliminate at least the legal tie which connected pot with harder drugs - especially LSD and heroin - and to eliminate what he saw as a disproportionate relationship between marijuana use and its punish- ment, then a maximum sentence of 20 years to life in prison. "The thing that prompted me to vote for decriminalization - I'm hardly an advocate of marijuana use - was that the relationship between the punish- ment and the crime was vastly disproportionate. "But more importantly, we had an awful lot of drug problems in the com-- munity - both marijuana and hard drugs, like heroin-and we had the whole thing under a single umbrella of enforcement. The result of this was, on the part of the kids, that they were presented with what they perceived to be drugs that were all alike. So they tried one, and despite all the hoopla, it wasnt't all that bad. So it's an easy transition from that to whatever else. "Also, the enforcement for both was the same. Though marijuana is a relatively benign drug, the kids who were using it, dealing it, buying it, were suddenly involved with the same people who were involved with hard drugs. That was dangerous. What I, and other- s, were trying to do more than anything was seperate the two." Faber's. comments are echoed by Robert Harris and Jerry Lax, the mayor and the city attorney from 1969 to 1973. Before adopting the $5 ordinan- ce in 1972, Ann Arbor operated under state law on all marijuana arrests. "The state was vicious," Harris says. "They were vicious on the felony level and on the misdemeanor level. It was vicious up and down the road. It was breathtaking what the state had on the books." Harris says some council members suggested no penalty for use of marijuana, but the city couldn't repeal ......: ................:......... . .. . . .......... ....... ..t.:::"::. .::. . ..}:"?. .}-:':::.. :::::::"::.*..* "":r: r j<:t*;*;i* i*.Fv i}:4 {4':4"i. {.... COVER STORY Afghan Home Dangerously, is a stylish tale of kindled love amidst Family Restaura Up in smoke Page 1 political upheaval starring Sigourney Weaver and Rolling a joint in Ann Arbor may be more incon- Mel Gibson. With everything from a venient if voters approve a stiffer law in April. palaw, this eastern-style r Despite warnings that the issue would divide the community and awaken the sleeping student vote, it seems to have done neither. Cover photo by Deborah Lewis. MUSIC interesting again. Take the review. DISCS Flute frolics Page 4 BANDS Walking the lines Page 6 They bring "power pop" and a welcome freshness to the Ann Arbor bar circuit. They are The Fine Lines, a four-piece band walking the tightrope bet- ween boppin' and shakin'. Nick the blythe From Vivaldi to Irish gigs, flutist James Galway knows how to have fun-and how to give it. His Hill Auditorium performance tonight is followed by the debut concert by a brash new Ann Arbor ensemble, Mostly Brass. FILM Happenings Nick Lowe's latest al Showman, another stab at hot and cold. Also revieN Report's new release, a becoming a jazz standard. FEATURES Ann Arbor video Everybody on set! The the Small Town Diner r Michigan Video Writers a first video movie goes into tion. This week's feature vi Pages 7-10 Romance and intrigue Page 5 Your guide to fun times for the coming week in Ann Arbor. Film capsules, music previews, theater notes, and bar dates, all listed in a handy-dandy, day-by-day schedule. Plus a roster of local restaurants. state law. "We could undercut it, though, and that's what we did." The $5 ordinance was proposed by Human Rights Party (HRP) council members Jerry DeGrieck and Nancy Wechsler. HRP was a radical political party composed primarily of students. They held two council seats until the 1976 elections. At the city council meeting of May 15, 1972, the council's four democrats joined the HRP mem- bers in voting for the $5 ordinance. It passed 6-5. "We passed the HRP law," Faber says, "but Democrats on council had started working towards decriminalization months earlier." In December, 1971, Faber proposed to the democratic caucus an $11 fine for sale or use of marijuana. The proposal was scrapped, Faber says, because it was too close to election time and the party didn't want to make an issue out of pot laws. What the democrats didn't count on was the strength of the student vote. In the 1972 city elections, the normally Democratic students turned out strongly in favor of the HRP can- didates, and the Democrats lost two council seats. In 1973, political control shifted, and a Republican majority on council repealed the ordinance and the city returned to state law. Residents of Ann Arbor held a petition drive to put the $5 law on the 1974 ballot. Again students turned out in force and pushed the law through-this time as an amendment to the city's charter. With approximately 33,000 ballots cast on the pot law proposal, it passed by a 600-vote margin. Because it became an amendment to the city's charter, the law could no longer be repealed by council vote-only by city-wide referendum. The city operates under that 1974 amendment today. It provides a $5 fine for sale and use of marijuana, though for possession and sale of large quan- tities, police have the option of prosecuting under the stricter state laws. This April, voters will again be asked to decide whether or not they want the law. Should the repeal effort succeed, city council has passed a back-up law that provides for a $25 fine for use; a fine of up to $50 for sale of less than one ounce; and a fine of up to $500 and imprison- ment for up to 90 days for sale of more than one ounce. The ordinance will only take effect if residents vote to repeal the existing charter amendment. Without the back-up ordinance, the city would automatically be subject to state law, which has maximum penalties of 90 days imprisonment and/or a $100 fine for use; 1-year im- prisonment and/or a $1,000 fine for possession; and 4 years imprisonment and/or a $2,000 fine for distribution, regardless of amount. Ann Arbor District Court Judges Sandy Elden and Pieter Thomassen have said they will issue deferred sen- tences for most violations. This in- volves postponing sentencing for an ar- bitrary period of time, during which the defendent may have to participate in a drug education program, and ex- punging the record afterwards. REPUBLICAN councilmembers, who carried the measure through with their 7-4 majority at a recent coun- cil meeting, say it is intended to prevent reverting to state law if the repeal ef- fort is successful. "We just wanted something on the books in case the repeal succeeds, to avoid going to state law," says councilman James Blow (R- 2id Ward). Democrats, however, say the Republicans are offering the relatively mild alternative in order to attract voters opposed to harsh penalties to the repeal effort. If the repeal passes, the council will have control, over the law, and any - majority can make the ordinance as strict or lenient as they choose in future votes. "It's pretty clear what the Republicans are up to," says coun- cilman Lowell Peterson (D-1st Ward). "It's just another one of their smoke screens. Once they get the amendment repealed, they can make the ordinance as stiff as they want, even stiffer than state law." The new ordinance does have one loophole: If a judge orders deferred sentencing and a defendent's record is destroyed, there can be no repeat of- fenders. Council must vote to correct the error at some time, Peterson says, which will offer the Republicans an op- portunity to make the ordinance stiffer. "If the public believes they are buying the recently passed ordinance, they're clearly mistaken," he says. "There has to be a new ordinance." State Rep. Perry Bullard (D-Ann Ar- bor) calls the repeal "a revival of primitive fundamentalism." "Jerry Falwell is making millions off TV Bible thumping, and our version here in Ann Arbor is Mayor Louis Belcher. He wants to return to the days when everyone smiled, saluted the flag, and said 'yes sir' to police officers. It's political fundamentalism, and what bothers me is the Republicans are con- cealing their underlying political aims.' Councilwoman Leslie Morris (D-2nd Ward), who is running for mayor against Belcher in April, also sees the proposal as politically motivated. "(The ordinance) is an attempt to make people believe that harsh penalties will not result from the repeal," she says. Peterson agrees: "The conservatives are trying to show that the symbolic vestiges of the past can be thrown out - even the pot law. It amounts to muscle flexing by the right wing. They're trying to show that this town is run by the right." "It's an attempt to get the law back in political hands, and I hardly think this will be the last time," Morris says. "Before the law was a charter amen- dment, whenever the council majority changed the law changed. It was a political football, and people were tired of all the time devoted to it. Director Peter Weir's (Picnic At Hanging Rock, Gallipoli) latest film,The Year of Living Weekend Weekend is edited and managed by students on the Weekend, (313) 763-0 Frday, March 1.18 F 1r Isrce18, 1983 staff of The Michigan Daily at 420 Maynard, Ann Ar- Daily, 764-0552; Circulati Magazine Editor ......................... Ben Ticho bor, Michigan, 48109. It appears in the Friday edition tising, 764-0554. Associate Editors ...................... Larry Dean of the Daily every week during the University year Mare Hodges and is available for free at many locations around the Copyright 1983, The Mi Susan Makuch campus and city. HAVE YOU TRIED 0CITIZEN THE NEW PANTREEW1 pnov ato ITEMS LATELY? - $185 PHOTOFINISHING FOR YOUR $1. Q FF! FAMILY AND YOUR BUSINESS NEW PANTREE OMELETTE with this coupon -'T 1 Pran Good MonFri. 30Expires 3-25-83 330E. Liberty e*Ann Arbor QU ESDIL LAS PASSPORTWOFOR ONE withthis coupon an trEe Good Mon. - Fri. E.SExpires 3-25-83 330 E. 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