SOOOOO, I trudge through the snow to their meeting & tell 'em:
Mr. Mayor, City Council Representatives, members of the
media, and interested parties:
I would to especially thank the media for bringing this
issue to my attention. I have received no indication from
any other party that these events were scheduled to take
place.
My name is Steve Ross, I am a forty-five year old
father of two, I have been married for twenty-one years, am
a lifelong resident of Clay County. I have recently
completed twenty-five years of employment with one company,
which brought me into contact with hundreds of residents of
this city and county, and I belive I have a reputation for
hard work, good service, and fair treatment. A number of
people in this room know me, and have known me for a long
time.
My wife and I have operated a retail business for ten
years which is now potentially impacted by your proposed
Municipal Ordinance # 6-3-28. Our store is Rainy Day Music,
located at 512 Grand Ave., engaged primarily in the business
of selling pre-recorded music and related items, as well as
jewelry, incense, posters, stickers, magazines, and other
rock and roll novelty items and other non-musical wares, now
referred to as "drug paraphernalia". If you have never
visited our store, I would like to invite you to do so,
we're a good under-twenty-dollar last-minute-Christmas-gift-
destination. One display case in our store, measuring
perhaps six square feet or so, and several linear feet of
shelving on one of our walls house a number of items which
we suspect may be items #7 in your proposed ordinance.
It would appear that these items in question at our
store might be used to ingest, inhale, or otherwise
introduce into the human body a controlled substance,
specifically marijuana, and I would like to point out that
we seem to have no *other* "qualifiers". In fact, we are
not certain, and will be anxious to receive some kind of
official opinion.
I do not espouse drug usage and in fact, am protective
of my personal sobriety, a matter I do not care to discuss
publicly, but suffice it to say that I am familiar with the
havoc that unbridled substance abuse can wreak.
Having said all those things, I would like to expose
you to a few observations, and then let you get along about
your business.
I. We have operated under the assumption that we were
engaged in legal commerce-if the definitions of legal
commerce are modified by the city, we will comply to the
best of our ability, despite my personal belief that drug
use promotes, fosters, and enables the use of
paraphernalia, not the other way around as enumerated in
the preamble to the ordinace.
II. The portion of the ordinance pertaining to "display and
sale" are anti-business in nature. Some local merchants may
sell a variety of products upon which society may place a
moral stigma (alcohol, rental movies depicting sexual
activity or violence, tobacco, certain abusable over-the-
counter drugs, certain types of garments, even
environmentally "unsafe" products such as gasoline or
tires). These merchants may want to take note of this
ordinance before you now, and consider its possible
ramifications for them in the future.
III. Prohibition-style rules glorify outlawed behavior.
"Headshops", as we are sometimes called, historically
exist and are glorified BECAUSE of prohibited behavior. Our
store, or a store previously at our location have been
offering this type of merchandise for over a quarter of a
century. If you suddenly can't buy a ten dollar purple pipe
at our store after all this time, that same piece of
paraphernalia becomes pretty sacred when you have to drive
all the way to Minneapolis to get it. "Martyrizing" a store
with a twenty-five year history of peaceful coexistance with
the community will only damage the credibility of lawmakers.
IV. The police don't need another tool. In fact, we ARE
another tool. If the disruption of the user community is a
high priority item with law enforcement (or anyone else),
they have only to sit outside our parking lot and write down
license plate numbers, and then do what they please with
that information. In the instance where an individual is
apprehended with paraphernalia containing drug residue, the
presence of the controlled substance itself is all that law
enforcement needs to affect an arrest-that the "container"
of the residue is subject to further legal difficulties just
fosters contempt of the law by any thinking individual.
If we are involved in (or even close to) criminal
behavior, we are subject to existing laws which are
effective already. We cannot conspire to commit a crime
with any drug user, we cannot possess or distribute any
controlled substances. We cannot sell tobacco products or
products intended to be use with them to minors. No amount
of legislation designed to hide the presence of drugs from
our eyes will alter the behavior or people, nor will it
amplify our responsibility to existing law.
V. The community doesn't need another law. We are willing
to work with local authorities to conform to their standards
of "acceptibility" of our merchandise. A simple visit to
our store along with an enlightened conversation will
probably achieve our protagonists' desired results.
VI. We collect taxes. Paraphernalia for ingesting
marijuana is easily assembled from household items,
automotive parts, plumbing supplies, school supplies, and
other miscellaneous hardware. A black market in these
items, potentially created by a prohibition-style ordinance
will not be accountable to the Department of Revenue and
Finance.
VII. A few of the items we stock now bear a United States
patent number. Are these items subject to the local
ordinance? Does the United States patent items which are
inherently illegal?
VIII. We market (and enjoy sales of) several herbal smoking
blends, or tobacco alternatives. The physical consistency
of these herbs is very similar to marijuana, and the pipes
we market are especially well-adapted to ingesting, inhaling
or otherwise introducing into the human body these
substances which are NOT unlawful under the Controlled
Substances Act. Are there provisions for this ambiguous
situation?
I wish those of you involved in local retailing a happy
and prosperous Christmas season, unhampered by outside
interference and regulation, I thank the Council for its
time and consideration, and pray to my Higher Power that the
outcome in this matter be an equitable one.
* SLMR 2.1a * And all I can say now, is ain't it a shame....
--- ProBoard v2.02g4 [Reg]
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* Origin: Senate Chamber, Crystal, Mn; 612-535-5554 V.FC (1:282/56)
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