Ban on Drug Offenders’ Park Use Challenged : Courts: ACLU argues the Anaheim law violates rights of free assembly. A city attorney says the ordinance targets crime.

Attorneys for the American Civil Liberties Union went to federal court Monday to challenge an Anaheim ordinance that bars convicted drug offenders from city parks, asking a judge to prohibit the city from enforcing the nearly 2-year-old law.

ACLU attorneys, who argued that the law is unconstitutional, asked U.S. District Judge Gary L. Taylor for a preliminary injunction against it. An attorney for the city of Anaheim countered that the ordinance is aimed at curbing drug problems, not at violating civil rights.

The legal challenge has “all the earmarks of a good test case” because the law is believed to be the first of its kind in the nation, said Taylor, who is expected to rule on the injunction request today.

The seldom-used ordinance prohibits convicted drug offenders from entering any of the city’s 40 parks for as long as three years after their convictions or release from custody.

The Anaheim City Council approved the ordinance in September, 1993. It has been used four times since it went into effect, Anaheim Deputy City Atty. Moses Johnson said.

“We’re not trying to violate anyone’s First Amendment rights,” Johnson said after a one-hour court hearing Monday. “We are just trying to preserve our public parks so that law-abiding citizens can use them.”

But ACLU attorney Mark Silverstein said the city’s law goes too far, violating individual rights of free assembly, expression and association.

“The city of Anaheim is the first city in the country to attempt to close their parks to a class of people,” Silverstein said. “This is a well-intentioned ordinance and we understand that Anaheim has a problem with drugs. But it sweeps too broadly.”

The ACLU is seeking the injunction on behalf of three organizations that advocate legalizing marijuana in certain medical situations, and three individuals with minor felony convictions involving the sale of marijuana.

The three people want to attend a rally in Anaheim’s La Palma Park on Thursday. The rally has been called to generate support for the Compassionate Use Initiative, a proposed state ballot measure that would expand physicians’ ability to prescribe marijuana for medical purposes.

The three plaintiffs would not be able to legally enter the park Thursday unless an injunction is granted by Taylor. The injunction would apply to anyone with a drug conviction.

Taylor complained about the timing of the lawsuit, noting that the rally is only days away.

“There is little time for the court to rule, or for either side to do much once the ruling is made,” Taylor said. “The timing could have been better.”

Johnson said he was also bothered by the timing of the lawsuit, which was filed April 28.

“The law was passed almost two years ago, and here we are in court three days before the rally,” Johnson said. “I somehow feel that the city has been set up. This case could have been better briefed and been better responded to if there had been more time. Because this is a test case, we want to make sure we do the right thing.”

Anaheim’s law applies to anyone convicted of selling drugs, possessing drugs for sale or, if the offense occurred in a park, possessing drugs. Violation of the ordinance is a misdemeanor. Offenders face a maximum of six months in jail and a $1,000 fine.

Signs have been posted at each city park warning drug offenders they are prohibited. The ACLU is asking that the law be overturned and the signs be removed.

Johnson said the city is not yet able to say whether the ordinance has helped curb drug problems in any significant way.

In ruling on the injunction request, Taylor said he would not offer an opinion on the law’s merits, but would decide if the ordinance furthers an important governmental interest.