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OPINION
ursday, April 6,2000
THE BATTALION
Page 15
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GUYANA
M omma Bear Bill Clin
ton has once more de
cided to save America
from itself. This effort has noth
ing to do with TV censorship or
changing election laws once he
has broken them; this effort is to
beat people’s butts.
Literally.
On March 4,
BRAZIL
GENT1NA
UGUAY f-
GABRIEL RUENES/The Battalion
rewitt suit example of police abusing power
iirkish
arliame
ejects bil
NKARA. Turkey (AP|
;y’s parliament rejected
d President Suleyman De:|
in office today, a serioustl
10-month-old govemmeri
;d hard for the re-election if
d president,
ily 303 deputies voted in
institutional reform ufnle f‘ ’
rs voted against. Itwasnofi^
wemmenl would seehC-
r withdraw the bill.
e vote was a setback^
ter Bulent Ecevit, whohili
lemirel’s re-election was
ibility in the country,
e result was expected to
political bickering amont
icmbers. Many apparent!; 1
•el as the symbol of ii
.h politics and favoredle
lates.
evil feared that dissent
el's successor couldhantpi)
intent’s economic i
d much-needed politicals!
road toward membership
can Union.
; constitutional reform woil
ic president’s term fromse
ars, but would allowforastj
\ new president must be arc
V 16. Bving through
sidents are elected byparlwalestme,"
theory fill a largely sjiBas, be careful
owever the presidency las® you Hick off.
ver broker in severalgovetwt you could
1 yourself ar-
vit called on deputiesear* 6 ^ Imve your
cast their secret votes inoif'^^Hy
p their promise to pavetiiiB^ 16 ^ ^ e stM l' ) .
nird-sre-election.His«S ' 1 , V T' S T
«t 100 deputies ofthe Jr ut speak,ng l ° a , la 7 er ' Tl, ‘ s ,
, . p , oi|iids excessive, but it happened to
who voted against thebi | anda Prewitl last semester while
lespite their earlier wriW lying through Anderson County on
ent, causing serious strains enway back to College Station.
in - Amanda Prewitt, an engineering ma-
e honoraiy status ofparMrb Texas A&M University, and her
:n overshadowed,” EcevBher Bryan were returning to Col-
:ontradiction must be eiV Station when a car occupied by a
n aii and a woman performed a U-turn
/it said as many as 406^1 P ulled out in fr ont of them, cutting
ig members of the cent# 1 off - Amanda, the driver, flicked
ion True Path Party; had* 6 vell,cle and coatinued d 1 rivl n n g'
,i xu ta Mhe same car caught up to the Pre-
i w pmposa K pia vitt siblings at an intersection, and the
is scats. ^ itts said a man got out of the car
pi line minister sealhil ipc||i e g an yelling and cursing at them
ol a warning by Pai y acted in a menacing manner. As
Yildirim Akbulutthatti^fojauda Prewitt hit the gas, Bryan shot
he voting if deputies c^Bman the bird and the Prewitts went
apenly, in violation ofl’liheir way.
ml requirement forsetf All was well until they were signaled
0 a Palestine Police officer to pull
rit wants to prevent pol| r > which they did. The vehicle they
tg among his coalition# d l1icked off twice was an unmarked
lemirel’s successor, fr “°f b y officers Br f nda
..lay and Shelby Green. Apparently the
umper the goverairtt ’ * J Rre-
reform package ^ , ib |i, lgs „ ere stopped F W |,o knows
|ailiiK.il stahiht) on iok many other people tire Prewitts
membership in the B night have flicked oft'if they hadn’t
Bn stopped by the brave officers of
ire! has failed to drav^pePalestine Police Department and the
from deputies who sa; l jnderson County Sheriff’s Office,
s political stability C | At this time both Prewitts were de-
> one person and thalif"
o retire from politics, i
The Supreme Court ruled that the
Food and Drug Administration
(FDA) overstepped its legal
bounds in 1996 by issuing regula
tions involving cigarettes and other
tobacco products. The echo of the
gavel had not even ceased before
the White House started beseeching
Congress to pass legislation giving
the FDA the right to regulate to
bacco — and once again save ,
John Q. Public from having to
decide whether or not he
wants to poison himself
The Clinton Administra
tion has been at war with
the tobacco industry' for five
years in an attempt to protect peo
ple from themselves. Lawsuits,
higher taxes and blatant attempts to
circumvent the law have all been used
to try to stop people from doing
something legal, albeit stupid.
If the Clinton administration really
felt that strongly about the evils of tobacco — or if it
had any guts at all — it would attempt to ban ciga
rettes outright, deeming them illegal narcotics. Or
allow the American people to make up their own
minds as to what is right for their lungs. There is
more of a chance, however, of Vice President Gore
doing the “Lambada” on “Star Search” than either of
these possibilities being implemented.
Previous actions by the Clinton administration and
the FDA have clearly altered the cigarette industry.
While cigarette makers are no saints and should be held
to the letter of the law, it is unfair to create new laws for
the sole purpose of crippling them. Results from previ
ous efforts have increased education for children on the
What was advertised as
a way to motivate people
to quit smoking has
instead become a huge
payday for the government
dangers of smoking (which is certainly a good thing)
and limited the amount of money tobacco companies
can spend on advertising (which is certainly illegal).
Taxes on cigarettes have increased the price of ciga
rettes by nearly a dollar per pack over the past four
years. What was advertised to the public as a way to
motivate people to quit smoking has instead become a
huge payday for the government.
The government has not forced people to quit
smoking, but have instead helped to establish a strong
black market for cigarettes. In places like California
and Oregon, the combination of federal and state taxes
have led people to purchase their cigarettes off of the
Internet. These people know that cigarettes are bad and
do not need constant browbeating from the federal gov
ernment to make them “see the light.”
There are already warnings on packs of ciga
rettes, as well as ads that speak of the dangers of
smoking. If these people want to be stupid, they
have the right to be. The government should not
waste more time and money on a fundamentally stu
pid attempt at thought control.
If President Clinton really wants to make a stand
against tobacco, he should take steps to ban tobacco.
This would certainly grab the attention of the public.
Doing so, however, would lighten the coffers of the
Department of the Treasury and, therefore, will never
happen. If this President has consistently proven one
thing, it is that he is willing to put all moral and ethical
considerations on hold for a few bucks.
A few billion dollars will certainly prevent any
sweeping changes. But meddling in the personal af
fairs of the American public? That is, at least to this
bunch, better than candy.
Taxation and attempts at thought control are an
noyances in all matters and this no exception. The
Clinton Administration should butt out and let the
average American decide whether or not they want
to poison themselves.
Mark Passwaters is a senior electrical
engineering major.
he Clinton
Adminis
tration’s
confirmation of
the Food and Drug
Administration’s (FDA)
authority to regulate tobac
co is incorrect — for now.
Although revoked by the
Supreme Court two weeks ago, the
FDA’s jurisdiction over the tobacco industry is
an extremely convoluted issue that could have
very easily fallen on the pro-regulation side. After.
all, the Supreme Court ruling was down to the wire
— only five justices ruled against regulation while four voted in fa
vor of the FDA.
Such a split indicates how flimsy and vulnerable the argu
ments are for anti-regulation. Instead of engaging in common-
sense reasoning, the court has resorted to hair-splitting and mak
ing misguided assumptions in order to circumvent the inevitable
— the eventual restoration of the FDA’s authority. Essentially, the
Supreme Court should have concentrated on the “ends” of the
FDA’s regulation of tobacco rather than the “means.”
For example, Justice Sandra Day O’Connor said in the court’s
opinion that the FDA was “exercising an authority not granted
by Congress.”
How O’Connor came to this conclusion is baffling. Granted,
Congress has yet to pass anything that explicitly states the role of
the FDA in regulating tobacco. However, it is ridiculously obvious
that the Food, Drug and Cosmetic Act — the
congressional act that created the FDA — de
fines that role in principle. It states that all of
the “drugs” and “devices” that fit under the
FDA’s jurisdiction are defined as “articles in
tended to affect the structure or any function of
the body.” Tobacco fits that definition —
stained teeth and lung cancer obviously affect
the structure of
the body.
Furthermore, the court’s ruling
now wastes the valuable time of
Congress because now the only
hurdle for the FDA is to get Con
gress to draw up legislation literal
ly giving them the authority to reg
ulate tobacco.
Sen. Bill Frist, R-Tenn, is a pro
ponent of FDA regulation and is
considering introducing the corre
sponding legislation.
“This does not have to be a
campaign issue. This is a public health issue. [Tobacco-indus
try giant] Philip Morris has even supported FDA regulation,”
Frist said.
“The fact is ... nicotine is an addictive drug, and it should be reg
ulated by the Food and Drug Administration.”
By sending this matter back into the hands of a predictable Con
gress, the Supreme Court has created a ridiculously inefficient and
Plainly stated, the
question of the FDA's
re-establishment of
authority over the tobacco
industry is not a matter
of "if" but "when."
bureaucratic mess, right along the lines of a person being sent to the
back of the line at the post office because he or she forgot to dot an
“i” on a change of address form.
Justice O’Connor goes on to make the assumption that since the
FDA has concluded cigarettes to be unsafe, any law passed by Con
gress would be forced to “require the FDA to remove them from the
market entirely” anyway.
This assumption is clearly erroneous and impractical. During an
appearance on the television program
“Good Morning America,” former Sur
geon General C. Everett Koop disputed
O’Connor’s conclusion.
“That is absolutely not true ... the
Public Health Service knows that if
we were to take away tobacco from
49 million addicts right now, we
would have a medical problem of un
believable proportions ... I wish the
Supreme Court knew a little more
about addiction,” Koop said.
Hopefully, Congress will expedient
ly pass the legislation necessary for
restoring the regulatory authority back of the FDA.
Plainly stated, the question of the FDA’s re-establishment of
authority over the tobacco industry is not a matter of “if’ but a
matter of “when.”
David Lee is a junior economics and
journalism major.
MAILCALL
tained, handcufted, and their car and
luggage were searched. While held at
the station, Amanda was strip searched.
Nothing illegal was found. Both were
detained overnight ,and their parents
were not allowed to post bail. After
spending the night in jail, the two were
then brought before a judge and pled
guilty to disorderly conduct. The
charges were later dropped.
After offending the law in Anderson
County, the Prewitts are now fighting
the law in Palestine. The Prewitts are
suing PPD and AndersorvCounty to the
tune of $500,000. The lawsuit con
tends the Prewitts were not in
formed of their rights or
why they were being
held and were not al
lowed to speak to
their lawyer or
their parents.
Also, flicking
somebody off,
while rude, is not
against the law,
even if one hap
pens to be flicking
off a police officer.
Finally, the arrest
caused Amanda to miss a
final and fail a class.
“This case is about the principle
as much as it is about money,” the Pre
witt’s attorney David Carter said. “ We
set the amount for $500,000 to let
Palestine and Anderson County know
we are serious. We plan to bring the
case before ajury and let them decide
what it is worth.”
PPD’s lawyer Paul Miller said the
both Prewitts committed a class “C”
misdemeanor of Disorderly conduct by
offensive gesture. Miller said the rule is
on the lawbooks in Texas and Texas
Courts have precedent of ruling “the
finger” as not protected by free speech.
“It is viewed as a physical challenge
and is interpreted by the courts as a
breach of the peace,” he said.
Another infraction by the PPD were
the illegal searches they perfonned.
Perhaps they were looking for other ob
scene material. Additionally, the strip
search of Amanda seems to be nothing
more than an act of intimidation and
demoralization. Bryan was also held
overnight, but he was not strip
searched. It seems pretty shady for only
Amanda to be “suspicious” enough to
require a strip search. It seems the
PPD was out to prove a point: at that
time they could do whatever they
wanted to the the Prewitts.
Officers Green and Gray were un
dercover as part of a drug taskforce
when they were side-tracked by the
Prewitts. They were not using tax-pay
ers money for the purpose of busting
college kids making obscene gestures
on the highway. Whatever legitimate
assignment they were on was compro
mised when they pursued the Prewitts.
Additionally, the Prewitts argue Of
ficer Green did not identify himself as a
police officer when he pulled up to
them at the intersection. He did not act
like a model citizen either when he ex
ploded into what the Prewitts call “road
rage.” However, Miller disagrees.
“Officer Green identified himself as a
law enforcement officer early on [in the
altercation] and denies any misconduct
on his behalf,” he said.
If the police did not understand they
had done something wrong, the Jus
tice of the Peace did. Perhaps
that is why she dropped the
charges. Both Green and
Gray are still working
and were not disci
plined in anyway for
the detaining the Pre
witts, not reading
them their rights or il
legally searching their
car; not to mention in
volving the City of
Palestine and Anderson
County in a half-million
dollar lawsuit.
Even if the Prewitts did break
the law by flicking off the officers,
that does not justify the Police officers
breaking the law by violating their civil
rights.
It is too bad that the people who are
chosen to enforce the law in Palestine
and Anderson County do not have a
better understanding of it. Just as the
PPD made an example of the Prewitts,
the legal system should make an exam
ple of Officers Gray and Green.
Joe Shumacher is a senior
journalism major.
Lots of reasons to hate Walt Disney Co.
In response to Heather Corbell’s April 5 column.
The truth about Disney and the boycott is more complex than Corbell wrote.
The American Family Association began its Disney boycott in 1995. The
boycott was then joined by the Southern Baptist Convention, Focus on the
Family, the Assemblies of God, Concerned Women For America, the Catholic
League for Religious and Civil Rights, and other Christian organizations for
reasons larger than ‘Gay Day.’
The Walt Disney Company owns more than just Disney World and the Dis
ney Channel. Disney-owned Miramax attacks Christianity directly with its pro
duction of Priest, Dogma, and Kids.
Disney directly funds abortions by giving money to Planned Parenthood.
Christians should be bothered that a portion of every dollar they spend on
Disney products is going to pay for equipment used to perform abortions.
1 think it’s sad that after 50+ years of continual destruction of the Christ
ian world view, the SBC is now just starting a small boycott of one company.
Daniel Spenrath
Class of VI
New REC sports fee not per credit hour
In response to Beth Sutherland’s April 5 mail call.
I would like to set the record straight and, hopefully, alleviate any
concerns. The Recreational Sports Fee is not a per credit hour fee;
therefore, any increase in the fee is charged on a per student basis, not
on a per credit hour basis. Pec Sports Referendum fact sheets are
available in the Student Recreation Center and on our Website at
http://recsports.tamu.edu. We also have an open door policy where all
of our staff are available to respond to any question or concern. I hope
this helps clarify the issue concerning the Rec Sports Fee Referendum.
Dennis Corrington
Director, Department of Recreational Sports
The Battalion encourages letters to the editor. Letters must be 300 words or less and include
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submitted in person at 013 Reed McDonald with a valid student ID. Letters may also be mailed to:
The Battalion - Mail Call
013 Reed McDonald
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College Station, TX
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