Newspaper Article (excerpt)
'Drug paraphernalia' ordinance wins split nod
City Council members vote 6-1 to ban the bong
By John Payne, Editor, Spencer (Ia) Daily Reporter, 12/17/96 pg. 1
What would a city ordinance banning the sale and possession of drug
paraphernalia do to stem drug use in Spencer?
There was some disagreement at Monday night's Spencer City Council
meeting, but after a brief discussion, the coucil voted 6-1 to accept
the first reading of the ordinance.  A second reading is required before
it can be adopted into the city code.
Last week, council members received copies of the proposed ordinance,
which City Attorney Don Hemphill drafted at the request of council
member Joe Skow.  The new ordinance would make it illegal to sell,
display for sale, or possess various items commonly used in drug
production and consumption.
The council heard comments from three individuals in favor of the ban:
Police Chief Marlin Wimmer, Spencer D.A.R.E. Officer Mike Wilson and
Spencer resident Margaret Becker.
The council also heard a prepared statement from Steve Ross, co-owner of
Rainy Day Music, which sells some of the items that would be banned
under the new ordinance.
Wilson said that although the D.A.R.E. program has been effective in
reducing the number of children experimenting with harder drugs,
marijuana use is on the rise.
"Any step that the coucil can take would definitely be an asset (to the
program)," said Wilson.
Becker, the mother of six, said she would favor any law that might make
drug use "a little less convenient."
Ross said he does not endorse drug use and that he would comply with the
ordinance if it were adopted.  However, he called the initiative "anti-
business" and said it could hurt other businesses, as currently written.
Among the items that would be banned under the ordinance are pipes and
bongs, which can be used for smoking marijuana.  Rather that eliminating
pot use, a ban would simply create a "black market" for the merchandise,
Ross said.  He said there are always alternative methods for drug
consumption, and that law enforcement should look for more effective
ways to combat drug use in Spencer.
"The community does not need another law," said Ross, who cited the
establishment's "quarter-century of peaceful co-existence" with the
city.  Ross himself has operated Rainy Day Music for 10 years.
Councilman Dave Scott said it would be difficult to enforce the
ordinance fairly.  For instance, how would it be applied to those who
brought prohibited items into Spencer from other communities.
Moreover, Scott, an attorney in Spencer, said a federal law prohibiting
the sale of drug paraphernalia already exists.  The law, which Scott
says is not widely enforced by federal authorities, does not address
possession of drug paraphernalia.
Scott also questioned whether the ordinance would achieve its intended
effect.
"I have never seen any data that would indicated that prohibiting the
sale of drug paraphernalia will do anything to curb drug use", said
Scott.  "This is a pretty broad reach."
Skow said the ordinance would not eliminate drug use in Spencer, but
that it might help.  Skow, Ed Krebs, Reynold Peterson, Steve Waller,
Rich Prentice and Ed Rolling voted in favor of the ordinance, while
Scott voted against it...
In other business, from Monday's meeting, [[[[other local issues]]]]
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