JUDGE: IT'S OK TO SELL DRUG ITEMS

WAREHAM - Karen Fontana heaved a sigh of relief, then cried after
Judge Thomas Barrett found her innocent of selling drug paraphernalia
in her Pembroke smoke shop - a ruling that could protect other
retailers hawking the items.

Police two years ago seized dozens of pipes, water pipes, rolling
papers, scales and other items from Brennan's Smoke Shop, claiming
they were primarily for drug use.

Fontana denied the accusation, saying she runs a legitimate tobacco
shop and that the items are sold for tobacco use. She said she
couldn't be held responsible for what some might do with the products
once they left her store.

Ruling Friday in Wareham District Court, Judge Barrett said Fontana
probably knew the items could be used for drugs. But, noting their
dual uses, he said there was not enough evidence of that to warrant a
conviction.

''The officers are not to be faulted for trying to keep a lid on drug
activity in our communities,'' Barrett said. ''Using common sense,
you can tell what these items will be used for.''

Barrett said there was no evidence that the items were kept in
proximity to drugs or that Fontana or her clerks ever promoted the
items for drug use. There was also no evidence of written
instructions or advertising promoting the items for drug use, Judge
Barrett said.

Pembroke Police Chief Michael Ohrenberger was disappointed in the
ruling. ''These things are drug paraphernalia,'' he said. ''You don't
see people smoking tobacco in them on the streets. Maybe the law
needs to be changed, but it's our belief that the intent is clear.''

Barrett warned Fontana that while she may legally be able to sell
these items, she has a responsibility to be a good citizen.

''While you can sell these items and hope they are used for their
intended purpose, arguably they may not be used that way,'' Barrett
said.

He suggested that it was her responsibility to monitor her
clientele.

Fontana said she understands the responsibility and takes it
seriously.

''It's never been my intent to sell these items for drug use,'' she
said. ''We're the last refuge for smokers. A lot of people are using
water pipes for tobacco. I never let children into my shops. These
are legal items.''

Fontana's attorney Ronald Whitney commended, Judge Barrett's
decision.

''These items, in a different context, might be drug paraphernalia,''
Whitney said. ''I think the Legislature was trying to outlaw head
shops catering to the drug trade. (Brennan's) is not a head shop.''

Fontana's son Geoffrey Yalenezian, who manages her shop, applauded
the ruling.

''It shows people are free to choose what they want to smoke from,''
he said.