Marijuana rally leaders, city battle over vendors

By William F. Doherty, Globe Staff, 09/17/97

A dispute over the number of food vendors to be allowed at planned
promarijuana rally Saturday on Boston Common wound up in Suffolk
Superior Court yesterday.

The city wants to restrict the number of food vendors to 10. But the
Massachusetts Cannibis Reform Coalition, which is organizing the rally,
wants 30 to 35 vendors.

After hearing arguments, Judge John C. Cratsley said he will rule today
on the organizers' request for an injunction that would allow the extra
vendors.

Attorney John G. Swomley of the American Civil Liberities Union,
representing the rally organizers, said they need the income from the
vendors to pay rally expenses, including police details and cleanup
and insurance costs.

Swomley said that by leaving the prospective crowd of 50,000 hungry and
dehydrated, the city was infringing on free speech. ''It is an
unconstitutional means to decrease attendance,'' he said.

Attorney Karen M. Coppa, representing the city, said the traffic and
trash generated by an excessive number of food vendors would damage the
Common. Although there were more vendors at the rally last year, Coppa
said this year the city was enforcing its new Boston Common Management
Plan and restricting the number of food sellers.

''This has nothing to do with free speech,'' Coppa said.

The promarijuana group has held a rally on Boston Common the past six
years. But each year, Swomley said, the city has tried to thwart
organizers by imposing restrictions. This year, he said, the city
sought to limit the crowd to 10,000 and require the posting of a
$10,000 bond, before backing off on those requests.

The city crackdown will not affect other vendors who will sell items
such as fake marijuana cigarettes and fake marijuana leaves.

In contrast, he said, the city was allowing corporate sponsors to
distribute free ice cream and juice at a family festival planned on the
Common the following weekend.

Named as defendants in the suit were Mayor Thomas M. Menino and Parks
Commissioner Justine Liff.

This story ran on page B02 of the Boston Globe on 09/17/97.