Washington Anti-Meth Ordinance

When the anti-meth ordinance was first intoduced it came to the Council with out prior discussion in either of our standing committees or review of the City Attorney on it's legality.

The head of the Franklin County Drug Task force made a emotional presentaion that highlighted the effects of Meth on both users and thier children.  Facts were presented that showed Franklin County among the highest in the nation for Meth labs.  He explained that he had failed to get the State of Missouri to require a prescripton for pseudoephedrine and felt that cities could also require  a prescription.

While I agree that his approach was cleaver, it did not appear to be within the power of the Washington City Council.     The Council's power is limited to the powers granted by the State.  Without a specific power granted by State statue the City and the Council does not have legal power to restrict something already granted by the State.  In addition, we were being asked to over-ride the United States FDA.  The FDA had determined that Pseudoephedrine was safe enough to warrent over the counter sales. 

 The Council was "guaranteed" by the task force that no one will file a law suit beacuse the City has the authority.  That brings us to where we are now . . . facing a law suit from the ACLU for exceeding the City's and City Council legal authority.

 The questions that faces the Council now is:                                                                    - Does the Council ignore the opinion of eight different attorneys that the Council's actions are beyond its legal authority?                                                           

- Is the Council willing to spend as much as $100,000+ to defend a law suit that the City has no hope of winning?                                                                                  

-If the Council does overturn the meth ordinance, is the Mayor willing to veto the Council and personally cost the City $100,000+ to defend a law suit that the the City can not win?

- How many Councilmen are willing to risk personal financial loss if their actions are later found to be beyond their legal authority?

Other cities in Frnaklin County are considering this type of ordinance but none have adopted any ordinance at this time.  Do they feel that an ordinance in their city is beyond their legal authority?

Clearly something needs to be done about Meth production in Franklin County and the State of Missouri.  It's time that the State of Missouri step up to the plate and pass a similar law to the Oregon law.  With a state wide ban on over the counter sales we have a change at limiting the availablity of pseudoephedrine.  Without a State ban nothing will change and Meth use will grow larger.  Lets quit pointing our fingers back and forth and fix this problem.  We already know the solution.  Its already been proven it works in Oregon and will work in Missouri. 

 What do you think?