COURT HELPS POT PROTEST GET PERMIT

BOSTON (AP) -- After years of public marijuana smoking at a pro-marijuana
rally on Boston Common, the city felt it was time to deny organizers a
permit for this year's event.

But the pot enthusiasts claimed their constitutional rights were violated,
and they sought an injunction Friday to block the city from interfering
with the 9th Annual Freedom Rally set for Oct. 3.

"Mayor Menino doesn't like people smoking dope, and he doesn't want the
city to be seen as condoning it," said John Swomley, attorney for the
Massachusetts Cannabis Reform Coalition.

MassCann came away with a partial victory when Suffolk Superior Court Judge
Carol Ball persuaded the city to agree to issue a permit, but she also
scheduled a hearing later this month on restrictions sought by the city.

When Boston initially denied the 1998 permit request, it listed 20
conditions MassCann would have to satisfy in order to meet city standards.

Those stipulations -- including a requirement that all speakers and
performers discourage marijuana smoking and announcements that police would
enforce drug laws -- are likely to be addressed at the upcoming hearing.

"The Boston Common is the oldest forum for freedom of expression," said
Bill Downing, president of Reading-based MassCann. "I think it's incredible
that they think they can coerce speech from people there."

But city spokesman John Dorsey said the city was on solid constitutional
ground.

"If anything, it's a disclaimer," he said. "We're just asking to let people
know that police will be enforcing the laws."

Last year's rally attracted an estimated 60,000 people from around the
country, more than 150 of whom were arrested on drug charges.

Copyright 1998 Associated Press.

Checked-by: Richard Lake