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Up in smoke: NORML outraged, faces two years of probation

CAREY O'NEIL

Issue date: 4/22/09 Section: News
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NORML logo on T-shirt
Media Credit: DANIEL SHIREY
NORML logo on T-shirt
[Click to enlarge]
<b>KACZKOWSKI</B>
KACZKOWSKI
[Click to enlarge]
A University marijuana advocacy group's high hopes were snuffed out at a hearing Tuesday.

At a continuation of the National Organization for the Reform of Marijuana Laws' University Judiciary hearing, NORML was found to have improperly used an image of the University's arch and failed to follow the instructions of University officials. The Judiciary panel put NORML on probation for two years and required the group to write an action plan ensuring violations do not occur again.

Wojciech Kaczkowski, a junior from Krakow, Poland, and NORML's president, said he was outraged by the decision.

"I just wasted my whole semester just to get something that was pretty much predetermined," he exclaimed after the hearing.

Members of the University Judiciary panel said they were unable to talk to The Red & Black until five days after the hearing, in case NORML decides to appeal.

Kaczkowski called the hearing a "mock trial" and pledged to appeal the decision.

"We're going to fight this as long as it takes," he said. "This is too harsh of a penalty for something like this."

For the appeal, the University chapter of the national organization hopes to gain backing from NORML's headquarters in Washington, D.C., and the American Civil Liberties Union.

Before entering the judicial process, Kaczkowski said NORML was offered a plea bargain to agree the group was in violation of University policy and accept one year of probation.

"We're being singled out," he said. "Because we fought for these things, our penalty is even harsher."

Kaczkowski appeared confident before the verdict.

"When I was sitting at home listening to my iPod, Bob Marley came on, 'No Woman No Cry' - so everything is gonna be alright."

In his closing statement to the panel, Kaczkowski said that too harsh a sanction "would be ludicrous and controversial," and he hoped the conflict would be resolved "in a way that will satisfy both sides."

NORML argued the image of a bulldog smoking a joint on the steps of the arch - which appeared on the organization's Web site and fundraiser T-shirts - was the intellectual property of the artist.

"The image may be a parody, but it's not an infringement of the trademark of the University," Kaczkowski said in his closing statement.

Douglas Hennenfent, opinion writer for the panel, said he disagreed.

"The image of the arch used is a violation," he said in the panel's verdict.

Kaczkowski said he holds little hope for his appeal.

"If it we appealed to the University administration, I know we wouldn't get anything done," he said.

Still, Kaczkowski said he felt it important for NORML to appeal the decision as a matter of principle.

If NORML is found in violation of another University policy during the two years of its probation, the group faces suspension as a University organization.

Waites Laseter, vice president of NORML, said, "If they kicked us off campus, it wouldn't really do anything." He explained that because NORML is a national organization, the University chapter would simply change to the Athens chapter.

Kaczkowski said now that the hearing is over, NORML will focus more on petitioning to put a proposition to decriminalize holding less than seven grams of marijuana on Athens' ballot in 2010. Since the petition was started on April 20 last year, Kaczkowski said the organization has reached between 2,500 to 3,000 of the 6,000 necessary signatures.

"We're definitely picking up speed with that," he said.
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Viewing Comments 1 - 10 of 28

Really?

posted 4/22/09 @ 7:22 AM EST

Really?

"When I was sitting at home listening to my iPod, Bob Marley came on, 'No Woman No Cry' - so everything is gonna be alright."

Could you BE anymore of a stereotype?

Also, I don't really understand your outrage over a Judiciary decision. (Continued…)

Nick

posted 4/22/09 @ 8:40 AM EST

This is outrageous, and clearly a biased decision.

Bob Marley

posted 4/22/09 @ 9:18 AM EST

Too bad..
the lyrics "everything little is gonna be allright" is from the Three Little Birds, not No Woman No Cry.

I'd expect more from a stoner.

(2 replies)   Details   Reply to this comment

Daniel

posted 4/22/09 @ 10:23 AM EST

Could someone please explain how it is within the UNIVERSITY JUDICIARY'S power to determine copyright infringement?!? What is going on over there?

(1 reply)   Details   Reply to this comment

matt maynard

posted 4/22/09 @ 10:29 AM EST

Actually, the line "everything is gonna be alright" is repeated several times in the Wailers version of "No Woman No Cry" I happened to be listening to that exact live version on my IPod when i read this article and the subsequent comments

Catie

posted 4/22/09 @ 1:53 PM EST

Please see this link for an article in the NY Times by Jesse McKinley about marijuana advocacy and national NORML: http://www.nytimes.com/2009/04/20/us/20marijuana. (Continued…)

James

posted 4/22/09 @ 2:22 PM EST

This is just because of what NORML represents. Our "top-notch" administration at this school show each and every week that they're incompetent and horridly biased, keeping up stereotypes of southerners as backward and draconian. (Continued…)

(1 reply)   Details   Reply to this comment

Rick D. Day

posted 4/22/09 @ 2:54 PM EST

I am not an attorney.

Neither is Douglas Hennenfent. When Douglas Hennenfent declared the image to be a copyright violation, he himself (in my opinion as a paralegal) clearly violated O. (Continued…)

(1 reply)   Details   Reply to this comment

Archives

posted 4/22/09 @ 9:43 PM EST

A look through the Red & Black archives reveals that the image was clearly intended to be of Hairy Dawg.

http://media.www.redandblack.com/media/storage/paper871/news/2009/03/04/Variety/Sophomore. (Continued…)

Ben Masel

posted 4/23/09 @ 10:12 AM EST

Public universities can't discriminate against student groups based on viewpoint. the reason to appeal to Administration is to set up an action in US District Court, where the image must be reviewed in light of Campbell v. (Continued…)

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