July 11, 1998

POLICE ANGER ACLU

The Internal Affairs Bureau clears two officers of infringing on the rights of downtown petitioners.

By Glenn Puit Review-Journal

The police Internal Affairs Bureau’s action infuriated an American Civil Liberties Union official who said the investigation was slanted in favor of the officers and disregarded the most serious allegations.

"This was a sham," said Gary Peck, executive director of the ACLU of Nevada, after Friday’s announcement. "The results of this investigation are yet another example that too often Metro’s (Internal Affairs Bureau) is more interested in protecting their officers instead of finding out what really happened and ensuring police do their job."

On May 22, five people attempting to gain signatures on a petition to force a statewide vote on the medicinal use of marijuana were ordered off the street by security guards working for the Fremont Street Experience. Police called to the scene detained the petitioners for an hour while their backgrounds were checked.

One petitioner, Amy Donaldson, claimed an officer wrenched her wrist and took her pen away when she attempted to write down the officers’ names and badge numbers. The group, with the assistance of the ACLU, subsequently filed complaints with internal affairs. Police Lt. Rick Alba said Friday the two officers, whom he declined to identify, were cleared of any wrongdoing.

The officers, assigned to the Downtown Area Command, were both accused of

discourtesy and one was also accused of using excessive force. "It was felt

that they acted appropriately," Alba said. "What occurred was proper and under the guidelines of Metro policy and the law." But Peck said police bungled the investigation by ignoring the fact that the officers had no right to detain the petitioners and that they also threatened the group with arrest if they ever returned to Fremont Street.

He also contends the officers refused to offer their badge numbers and names until ordered to do so by a supervising officer who arrived at the scene after the controversy erupted. "According to all five witness statements, the cops had an attitude from the get-go," Peck said.

"They were saying ‘You people are not going anywhere and we have the right to stop anybody for any reason.’ "

"The thing most disturbing about what has transpired is that Metro has now changed its story and so have the security guards," Peck said. "Initially these people who were accosted were accused of violating city law by soliciting out on Fremont Street.

Now, once Metro has obtained a better understanding of the city ordinance, they say they were called to the scene because these petitioners were acting up." City law prevents people from begging, soliciting financial contributions or other valuables. There is no mention in the ordinance of any ban against handing out leaflets or asking for signatures.

Although enough signatures have been obtained in 11 counties—including Clark County—to put the marijuana proposal on the statewide ballot, it appeared that the effort may fail because the signature drive is falling short in Nye County.

Under the proposal, a patient could use, upon the advice of a physician, marijuana for "treatment or alleviation" of cancer, glaucoma, AIDS, persistent nausea, epilepsy, multiple sclerosis and other medical problems.

In October the ACLU filed suit against the city, arguing a 1995 ordinance creating the pedestrian mall and giving downtown casinos broad control over the area was unconstitutional.