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May 21 was “Democracy Held Hostage—Day 200!” May 25 was the first anniversary of the death of Steve Michael—the original sponsor of Initiative 59—from AIDS-related complications. These are the latest milestones that we’ve just surpassed here in the District of Columbia, as we endure this latest assault on D.C. “de-mock-cracy” as we know and hate it.

Last November 3, 141,977 D.C. registered voters participated in an election in which we had the opportunity to cast our ballots “For” or “Against” Initiative 59, the Legalization of Medical Marijuana. Beforehand, U.S. Representative Bob Barr (R-GA) attached an amendment to our D.C. appropriation bill prohibiting officials of the Board of Elections and Ethics (BoEE) from counting, releasing, and certifying the vote totals of Initiative 59. Thus, history was made and “free elections” were hereby ended in the District of Columbia because of the whim of one man, aided by a voice vote in Congress and President Clinton’s signature. We, the people of the District, are now able to partake in even less of the little bit of American democracy that we were formerly permitted.

The American Civil Liberties Union of the National Capital Area sued the BoEE, and pleaded their case in federal court last December 18. Fortunately, the Board did not dispute the ACLU’s claim that cancelling an election is an absolute infringement of First Amendment Rights, and chose to actually join the plaintiffs in their legal battle. The U.S. Department of Justice then took up the role of defendant, arguing that the “Barr Amendment” should take precedence over the First Amendment. The case was heard over 5 months ago and the judge still has not reached a verdict. Who is this judge and why hasn’t he issued an opinion yet, you may ask? Good questions!

The Honorable Richard W. Roberts is the judge that heard this case last year. As a fairly new federal court judge, he knows that this is a precedent-setting case and that many eyes are upon him. It is an understatement to say that we—the disenfranchised citizens of the District of Columbia—are anxiously awaiting his opinion of the case. And as we wait impatiently for Judge Roberts to rule, we have many questions. Is he having a hard time deciding which amendment should take precedence? Or is his inaction, in and of itself, his decision?

This is the first time in history that an election has been nullified in the United States of America. (So much for the concept of our democratic birthright!) Should the judge fail to rule that free elections and First Amendment Rights carry greater wait than the whim of one individual member of Congress, what other factions of democracy are in danger in the future? Is it possible that Judge Roberts will elect to take the “easy way out” and merely wait for the Barr Amendment to expire on September 30th, the end of this fiscal year? Will this judge be remembered for forfeiting a chance to make a difference in D.C. democracy? Will his non-opinion and inaction on this important case be part of his legacy? Or will he find the courage to rule when his opinion actually counts? Some say, who cares if he doesn’t rule either way? For when the Barr Amendment expires, we will then be able to legally count our votes and finally let our voices be heard. But I say, it does matter—very much. In the spirit of fairness, equal protection and real democracy, I would like this federal judge to prove that our First Amendment Rights are equally protected under the Constitution.

For if the court fails to enforce the protection of our constitutional rights, how will we now redress our government about our grievances? The year is 1999 and still there are over 500,000 citizens of the United States of America that are not allowed to participate in the same form of democracy that other U.S. citizens enjoy. As our government leaders use military aggression to “make the world safe for democracy,” the democratic rights (or lack thereof) of the residents’ of the District of Columbia continue to be the U.S.A.’s “dirty little secret.” Hopefully, the rest of the world will soon catch on to this little known fact of our political system and start asking many pointed questions of the U.S. government.
Many, many D.C. registered voters participated in the intensive signature-gathering and I-59 campaign processes. We followed the rules. We tried to participate in one of the few pieces of democracy we had left. And now we are in the position of impatiently awaiting the opinion of a federal judge that will decide whether we have any remaining shreds of democracy, or not. Well, sit-back-and-wait no more! Some of us are choosing to exercise one of the precious, few rights we do have left here in D.C.: freedom of speech. You, too, may wish to share your story with the judge—whether it be as a sick or dying patient using marijuana for medical purposes and in need of legal protection, your relationship to Steve Michael, your participation in the YES on 59 Campaign and in defense of American democracy for ALL Americans, or your opinion on the speed of our judicial process, etc. For your information:

The Honorable Richard W. Roberts
U.S. District Judge, Room 4329
United States District Court for the District of Columbia
300 Constitution Avenue, NW
Washington, D.C. 20001
tel: 202-354-3400

During my jury duty lunch break recently, I stopped into Judge Roberts’ courtroom. My inquiring mind wanted to know if there had been any resolution to this First Amendment case that was heard last year. Ms. Linda Romero, Courtroom Deputy Clerk, replied: “Oh, you mean the Medical Marijuana case?” Yep, that’s the one. “No, there’s nothing yet,” she responded. And when can we expect to hear something? “We have no way of knowing when a decision will come down,” she answered. (Ms. Romero can be reached at 202-354-3166.)

Yes, the natives are getting restless and the peasants are starting to come in off the streets. With still no resolution in sight for Initiative 59, we hope that we won’t have to acknowledge the passing of any more numerical landmarks in our legal fights for freedom. But the $64,000 question still remains: will Judge Roberts make a decision while his opinion still counts or will he simply allow Barr’s amendment to expire, rendering his ruling moot? For if Congressman Barr does not reintroduce his amendment this year, we all could be gathered down at the D.C. Board of Elections and Ethics, Room 250, One Judiciary Square, on Friday, October 1, for the long-awaited release of the Initiative 59 votes! T minus 100 (and some odd) days to go! Mark your calendars, folks!

Karen A. Szulgit is Ward 6 Coordinator for Iniative 59 and a member of the D.C. Green Party.

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