Vote "NO" on the D.C. Appropriations Bill Today (Fax)
October 14, 1999
Dear Representative:
The American Civil Liberties Union strongly urges you to vote against the D.C. Appropriations bill today. Instead of negotiating a revised bill with the District of Columbia's elected officials, the Senate, and the Administration, D.C. Subcommittee Chairman Ernest Istook and Congressman Bob Barr are putting their political interests ahead of D.C.'s fragile democracy--and the health needs of District residents--by forcing this vote.
The ACLU urges you to support the right of District of Columbia residents and their elected officials to debate and decide for themselves the same policy questions that each of the fifty states may debate and decide for themselves. The Tiahrt Amendment would forbid the District of Columbia from spending even its own money on needle exchange programs. And the revised Barr Amendment would continue to undermine the democratic process by trying to stop a voter initiative held last November from having the effect that it would have if held by any one of the fifty states.
Sixth Attempt by Istook and Barr to Reverse a Voter Initiative
The sixth version of the Barr Anti-Democracy legislation will continue an unprecedented assault on the democratic process by trying to undo a voter initiative permitting the use of medical marijuana for the relief of extremely painful symptoms experienced by severely ill patients. All previous attempts have failed:
The Sixth Barr Attempt Is Even More Extreme than the Five Previous Attempts
The latest Barr amendment continues to undermine the democratic process by trying to stop a voter initiative held last November from having the effect that it would have if held by any one of the fifty states. However, the latest version adds several new problems to most of the problems caused by the original Barr anti-democracy amendment. It combines the problems of the vetoed version with an attempt to specifically prohibit the initiative from having any effect.
The Barr Amendment May Undermine Appropriate Sentencing
The awkwardly drafted Barr amendment may undermine sentencing by misleading prosecutors and courts into believing that they cannot reduce drug sentences for such routine matters as the defendant's cooperation with the prosecution, successful completion of drug rehabilitation, medical necessity, or need to care for a minor dependent. The phrase "otherwise reduce penalties associated with" drug possession or use is clearly overbroad and may tie the hands of courts and prosecutors.
The Barr Amendment Does Not Specify the Prohibited Activities
By vaguely prohibiting funds "used to enact or carry out" a group of laws, the revised Barr amendment causes confusion about the continued availability of legal, prescription drugs. A tetrahydrocannabinols derivative, sold under the name Marinol, may be prescribed legally by physicians for the relief of extremely painful symptoms. The revised Barr amendment may mislead the District or physicians into believing that the law authorizing the use of prescription drugs such as Marinol is "carrying out" a prohibited reduction in penalties.
A New Paragraph in the Barr Amendment Would Block an Initiative Before It Is in Final Form
A new, explicit paragraph in the Barr amendment attempts to stop the initiative from taking effect. It would short-circuit the process set up by Congress and the D.C. Council for the District to present its laws for Congressional review. As of this date, the initiative is before the D.C. Financial Control Board for analysis of any fiscal impact. It then goes to the D.C. Council for review and transmittal to Congress. The D.C. Council is committed to carefully reviewing the initiative--and making any and all necessary revisions to it before implementing it. The Barr amendment would kill this democratic process.
The Tiahrt Anti-Needle Exchange Amendment
No State Is Prohibited By Federal Law From Using Its Own Funds for Needle Exchange
The Tiahrt amendment would impose a federal requirement on the District that does not apply to any state in our nation. It would prohibit the District from using even its own funds for needle exchange programs. It would exert federal control over the District of Columbia's public health decisions - decisions now made independently by each of the fifty states.
Many States Fund Needle Exchange Programs with Their Own Dollars
Current federal practice already bars any federal funds for needle exchange programs. However, the states can make their own public health decision on whether to use their own funds to finance such programs. Many states use their funds for that purpose. In fact, there are more than 113 programs throughout the United States which are supported by state and local governments. The Tiahrt Amendment would single out the District by controlling the city's use of its own public health funds.
The Tiahrt Amendment Threatens a Comprehensive Private Health Care Provider
The Tiahrt Amendment is so extreme that it may even jeopardize any governmental funding for organizations that operate needle exchange programs with private money, such as the Whitman-Walker Clinic's successful program. Since 1997, this program has reached an estimated 2,000 injection drug users, and has reduced needle sharing among participants by two-thirds, thus greatly reducing the risk of HIV transmission. Additionally, all drug users were provided free HIV tests as well as information on substance abuse, treatment and rehabilitation. But that program was stopped because of a restriction added to last year's appropriations bill.
The Tiahrt Amendment Endangers Lives
Commandeering the District's public health program will endanger lives. The District of Columbia has one of the highest incidences of HIV infection in the country, with almost 66 percent of new cases related to intravenous drug use. This form of transmission of the HIV virus represents a very serious threat to public health. At least seven federally funded studies have held that needle exchange programs can help stop the spread of AIDS without increasing drug use. In Connecticut, for example, needle exchange programs have reduced the percentage of intravenous drug users who share used syringes from 52 percent to 32 percent. Needle exchange programs save lives.
The District of Columbia Should Have the Same Self-Determination Rights As the States
The Congress should continue its recent record of supporting the right of District of Columbia residents and their elected officials to debate and decide for themselves the same policy questions that each of the fifty states may debate and decide for themselves. We ask that you vote against the District of Columbia Appropriations bill as long as it has riders that undermine the District's already limited democracy.
Again, we urge you to allow the District of Columbia to have the same power that every state has to make its own public policy decisions.
Sincerely,
Laura W. Murphy
Director, Washington Office
Christopher E. Anders
Legislative Counsel