University Daily Kansan / Friday, September 6, 1991
9
Jennifer HoeffnerKANSAN
Improvisational comedy
Members of the Second City National Touring Company perform a kit. In its first performance last night in the Kansas Union Ballroom, the group performed songs, skits and comedy before about 550 people.
U.S. judge dismisses peyote case, says drug war threatens liberties
The Associated Press
ALBUQUERQUE, N.M. — Calling the drug war a menacing attack on constitutional liberty, New Mexico's chief federal judge dismissed peyote importation charges against a white member of the Native American Church.
U. S. District Judge Juan Burciaga said Wednesday the fight against drug trafficking was "a wildfire that threatens to consume those fundamental rights of the individual deliberately enshrined in our Constitution."
Lawrence R. "Bob" Boyll, 66, of Mill Valley, Calif., was accused of mailing about eight pounds of peyote, a hallucinogenic cactus, from Mexico last May to his own post office box in San Cristobal, N.M., north of Taos. He was arrested near Taos by U.S. Customs agents.
Congress exempted religious usage of peyote in 1965, but the prosecution said it never authorized importation.
Boyll, the son of a Methodist minister, said he has used peyote only as a religious sacrament since becoming a member of the Native American Church in Taos nearly 10 years ago.
"It'x used in conjunction with prayer. It'x used in a very careful way... as a remedy. And I have seen it, along with prayer, heal people who were at death'x door."
Bob Boyl, of Mill Valley, Calif., defending
Prosecutors said they would like to appeal the decision, which, they said, ultimately would be made in Washington. D.C.
"It wasn't easy for me to go through this." Boyll said by telephone from Mill Valley. "It was very humbling."
"It used in conjunction with prayer," he said. "It用了 in a very careful way as a remedy. And I have given it to people, heal people who were at death's door."
"Not only does it not do anyone any harm, I believe that when it's used in a proper way, through prayer, it can be very helpful for life. It's something that's for life. It's not just a roller-coaster ride."
Several American Indian witnesses testified that Boyll was a legitimate
church member. Boyll said no one in the church sought to exclude him and the government should not, either.
Burciaga agreed.
In a 22-page opinion, the judge wrote, "Tronically, as we celebrate the 200th anniversary of the Bill of Rights, the tattered Fourth Amendment right to be free from unreasonable searches and seizures and the now frail Fifth Amendment right against self-incrimination or deprivation of liberty without due process have fallen as casualties in this war.
"In its war to free our society of the devastating effects of drugs, the government slightts it duty to observe the fundamental freedom of individuals to practice the religion of their choice regardless of race. Simply put, the court is faced with the quintessential constitutional conflict between an alainable right upon which this country was founded and the response by the government to the swelling political passions of the day.
"In this fray, the court is compelled to halt this menacing attack on our constitutional freedoms."
The School of Law and Business are pleased to present:
Professor Richard A. Epstein James Parker Hall Distinguished Service Professor of Law University of Chicago In a public lecture entitled-
"Is The Market For Health Care Special"
September 10th,1991
6:00 p.m. Alderson Auditorium
Kansas Memorial Union
- Richard Epstein is the first of three eminent scholars to be brought to the University of Kansas this year under the auspices of the Koch Distinguished Professorship in Law and Economics. The Koch Professorship is made possible by a gift to the University from the Fred C. Koch Foundation of Wichita.
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