Editorial: Drop the lawsuit

Saturday, Sept. 17, 2005 | 4:10 a.m.

WEEKEND EDITION

Sept. 17-18, 2005

ABoulder City woman was arrested in April after a search of her home turned up six marijuana plants, about 5 ounces of marijuana and various drug paraphernalia. In July she pleaded guilty in District Court to a misdemeanor possession charge. She was fined $500 and ordered to complete drug and alcohol counseling. A routine case -- if only that were the extent of it.

Boulder City officials, however, decided to make an example out of this woman who they believe was selling the drug out of her home. About a week after the arrest of Cyntha Warren, 56, long before her guilt had been established in criminal court, the city filed a civil suit in District Court seeking to confiscate her $400,000 home. The state's forfeiture law allows a person's home to be seized if the person was using it as a base for drug sales. Acting on information from Boulder City, the district attorney's original criminal charges against Warren included possession with the intent to sell. But she pleaded guilty only to possession.

The civil suit is another matter, however. In it, the city contends Warren's home was a base for sales. We're against the use or sale of any illegal drug, but we do believe the city is seeking an extreme penalty. Because of the drug-overdose deaths of two teenagers in 2003 and 2004, the city is trying to send a message of zero tolerance by making an example of Warren. But this would be an injustice, as no one is accusing Warren of involvement in the deaths. The city should drop its lawsuit. The punishment should fit the crime.