GOV STICKS BY POT AD FIGHT: FORBIDS MBTA TO SETTLE FEDERAL SUIT

Gov. Paul Cellucci is forbidding the MBTA from settling a federal lawsuit aimed at forcing the transit agency to accept pro-marijuana advertising on its trains and buses.

Some administration officials, at a staff meeting Monday, suggested settling out of court with the Greenfield-based Change The Climate, Inc. - a nonprofit group charged with ending the "war on marijuana."

But Cellucci "blew his stack," according to one source close to the governor, saying a federal judge will have to make the T accept the ads.

"I'm not going to settle any case. I want them to fight," Cellucci said yesterday. "Why should a government entity be forced to put up a message that may be harmful to children? That's ridiculous."

Change The Climate sued the MBTA in U.S. District Court in May after the agency balked at its $30,000 ad campaign. One ad depicts a mother saying, "Let's be honest . . . marijuana is not cocaine or heroin."

Another says, "Police are too important . . . too valuable . . . too good . . . to waste on arresting people for marijuana when real criminals are on the loose."

Sarah Wunsch of the American Civil Liberties Union, which is representing Change The Climate in court, said the rules are different for government agencies than in the private sector when it comes to accepting advertising.

"The T can't pick and choose the kinds of views that go on display," Wunsch said. "They already have ads about drugs on (buses and trains). Along comes a group urging public debate about drug policy, and the T decides, `Oh, no. You can't express those views.' The government can't be making those decisions."

But Cellucci press secretary John Birtwell said the governor thinks the ads are clearly an attempt to promote the use of marijuana, rather than just a move to promote public debate of drug policies.

The governor said he told his legal aides, "If you have to take it to the Supreme Court of the United States, take it to the Supreme Court. I'm not going to go along with this."

Wunsch said even if the ads called for overt civil disobedience they would be protected by the First Amendment.

"These ads do not advocate any illegal acts whatsoever. They call for everybody to think about policies toward marijuana. That's a far cry from advocating illegal action," Wunsch said.

"Even if they did, the Supreme Court has given a lot of protection to a wide array of ideas, including the idea of breaking the law."

MBTA spokesman Brian Pedro and other administration officials said the agency is abiding by Cellucci's directive.

"The governor sent a strong message that we won't accept any advertising that sends even a message that is slightly pro-drug," Pedro said.

"We'll let the court decide," Pedro said.