Federal Courts

FOR IMMEDIATE RELEASE: January 25, 2010

CONTACT: Tom Angell - (202) 557-4979 or [email protected]

U.S. Border Patrol Agent Fired for Drug Legalization Views

Agent Sues to Defend First Amendment Rights

EL PASO, TX -- Law Enforcement Against Prohibition (LEAP), a group of police officers, judges, prosecutors and federal agents, is standing in support of a U.S. Customs and Border Protection agent who was fired for saying in a casual conversation that legalizing and regulating drugs would help stop cartel violence along the southern border with Mexico.  After sharing his views with a colleague, the fired agent, Bryan Gonzalez, received a letter of termination stating that his comments are "contrary to the core characteristics of Border Patrol Agents, which are patriotism, dedication, and espirit de corps."  Last week, with the help of the American Civil Liberties Union of New Mexico, Gonzalez filed a lawsuit seeking damages.

"There's no doubt that the so-called 'war on drugs' is a gigantic failure and that it causes violence, hurts our economy and forces dedicated law enforcers to risk their lives in the line of fire for a lost cause," said Terry Nelson, a former U.S. border patrol agent who is now a board member for LEAP. "But whether you think we should legalize drugs or not, you have to support the right of brave law enforcers like Bryan Gonzalez to exercise the First Amendment and share their views on policies that impact them on a daily basis."

Gonzalez, the fired agent, specifically mentioned LEAP and its website - http://www.CopsSayLegalizeDrugs.com - as a part of the conversation that led to his being fired.

To read Gonzalez's complaint filed in U.S. District Court for the Western District of Texas, visit: http://aclu-nm.org/wp-content/uploads/2011/01/GONZALEZ_COMPLAINT_FILED.pdf

Previously, in a separate case, one of LEAP's pro-legalization police speakers, Jonathan Wender, sued the Mountlake Terrace, Washington police department after having been fired for expressing his views on the failure of the "war on drugs." In January 2009, the department settled, reinstating Wender and giving him back pay and full benefits.

Law Enforcement Against Prohibition (LEAP) represents police, prosecutors, judges, FBI/DEA agents and others who want to legalize and regulate drugs after fighting on the front lines of the "war on drugs" and learning firsthand that prohibition only serves to worsen addiction and violence. More info at http://www.CopsSayLegalizeDrugs.com.

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FOR IMMEDIATE RELEASE: November 30, 2010
CONTACT: Margaret Dooley-Sammuli at 213-291-4190 or Tommy McDonald 510-229-5215

US Supreme Court Hears California Prison Crowding Case

Advocates Urge California to Focus on Resolving Crisis, Including Ending Prison as Response to Drug Use

10,000 in Prison for Drug Possession at Cost of $500 Million a Year

WASHINGTON - November 30 - The United States Supreme Court heard oral arguments today in Schwarzenegger v. Plata, a landmark prison rights case in which a federal court found the unconstitutional conditions of California's prisons were caused primarily by overcrowding and ordered California to reduce prison overcrowding from over 200% of design capacity down (by about 40,000 people) to 137.5% of capacity within two years. California has conceded that the state's prison conditions are unconstitutional but has nonetheless asked the Supreme Court to put the states' right to administer its prisons before the constitutional rights of individuals who are wards of the state.

"One of the primary reasons that the state's prisons are dangerously overcrowded is that California continues to lock up thousands of people each year for low-level drug possession. There is no basis in evidence or principle to expose people to this dangerous environment simply for the possession of a small amount of illicit substances," says Margaret Dooley-Sammuli, deputy state director for the Drug Policy Alliance in Southern California. "California must follow the lead of other states like Texas and New York and stop sending people to state prison for drug possession, which can be handled as a health issue safely, effectively and affordably in the community."

"The state currently spends $500 million a year to incarcerate 10,000 people for nothing more than personal drug possession," Dooley-Sammuli continued. "That does not include the unknown number of parolees who have been returned to prison for a few months based on the results of a drug test. This is a terrible waste of scarce resources. Treatment in the community is effective and affordable. Unfortunately, California this year eliminated funding for community-based treatment for drug possession arrestees."

"People who use drugs do not belong in the state's cruel and costly prisons simply for that personal use. We urge California to take the logical step of ending incarceration as a response to drug possession, while expanding opportunities for drug treatment in the community," continued Dooley-Sammuli.