ATTORNEY TO PUBLIC: Just Say NO to Searches!

Bothered by what he considers an epidemic of police searches of motorists along Interstate 20, attorney Pat Barber of Colorado City decided to speak out. In June (1998), he erected a billboard on his property next to I-20 which urges passers-by to, "Just Say NO to Searches!" Below is a phone number where callers can hear a two minute recorded message on unreasonable search and seizure.

According to Barber, who is a former prosecutor, state police officers working with federal drug task forces have been stopping motorists for traffic violations and pressuring them into consent searches, regardless of whether probable cause exists.

The billboard, said Barber, is simply an attempt to educate the public. "The problem i that many people don't know what their rights are," he said. "You probably can't teach courage - but if people know they have an absolute constitutional right to say no, then in the face of intimidation some people are going to be able to resist."

While Barber says the public seems appreciative, the billboard has generated its share of controversy.

The Texas Department of Transportation, which regulates highway billboards, advised Barber to remove his sign because he has no permit as required by the Transportation Code, Barber says he wants a permit, but the sign's location precludes licensing under the code.

Attempting to avoid civil and criminal penalties, Barber filed a lawsuit against TxDOT. In ti he asked for a temporary injunction, declaratory judgment, and permanent injunction, arguing that the statute as written and enforced is an unconstitutional infringement on his free speech rights.

On October 16, 1998, Judge Suzanne Covington of Austin granted a temporary injunction in Barber's favor, stating that he will probably prevail on his constitutional claim. Trial is set for April 26, 1999, and the billboard may remain until then.

For more information on the controversy, visit Barber's website at
http://www.justsaynotosearches.org