TOBACCO SHOP OWNER WINS LATEST ROUND

A Pembroke tobacco shop, under fire for selling what police regard as
drug paraphernalia, has been handed a favorable court ruling. Karen
Brennan Fontana, owner of Brennan's Smoke Shop on Church Street,
said Pembroke police "picked the wrong shop" to target in enforcing
the state's drug paraphernalia law.

"This is my livelihood, and I'm not doing anything wrong," said
Fontana. "They're portraying me as a head shop, and I am not. I'm a
legitimate smoke shop." She added, "I'm not going anywhere."

On Jan. 30, an assistant clerk magistrate in Plymouth District court
ruled that Pembroke police had not met the criteria for establishing
that the smoke shop was in violation of the 1998 drug paraphernalia
law when items were seized in a police raid three months ago.

Responding to a complaint, Pembroke police obtained a search warrant
and raided the smoke shop on Nov. 16, on the grounds that Fontana's
store was allegedly in violation of the drug paraphernalia law. The
law forbids a business from pedaling products that are likely to be
used for the consumption of an illegal drug, such as marijuana.
Police confiscated what Fontana said was $20,000 worth of scales,
water pipes and other items. In denying the Pembroke police
department's request to go forward with a formal complaint against
Brennan's, Asst. Clerk Magistrate Lucy Canavan stated, "I don't know
whether the Pembroke Police Department is collectively aware of
specific instances of any type of pipes being sold at Brennan's and
then used to smoke marijuana. If it had any such evidence, it was
not presented at the hearing. On the contrary, Ms. Fontana's
testimony and photographs indicate that people under 18 are not even
allowed in the store, and that all of her inventory is sold for use
with tobacco products."

Authorities will reportedly appeal the ruling. Fontana said the
store in no way promotes the use of the products sold there for drug
use and does not advertise in that context. "We don't cater to the
drug trade."

Authorities have said it's disingenuous for storeowners to insist
water pipes and other items are being used primarily for smoking
tobacco. Fontana's attorney, Ron Whitney of Whitman, said this is
part of a longer battle. "We're going to pursue a defense. It's
unfortunate the town of Pembroke has gone forward with an appeal."
He said Fontana "is running a legitimate smoke shop."

Items seized in the raid may remain in police custody during the
appeal period. Fontana said that while she could technically put
similar items back on the shelves, she will not do so until the
entire matter is resolved on appeal. She said she wants the
confiscated items returned.

Whitney said he sympathizes with Plymouth County District Attorney
Timothy Cruz's efforts to fight drugs. "We certainly appreciate the
efforts of the DA to solve the drug problem, but this is a case
that's outside the box." In December, Cruz met with Pembroke
selectmen, urging stricter enforcement of the drug paraphernalia
law. Selectmen agreed that storeowners would be warned of the drug
paraphernalia law when their licenses came up for renewal and that
the town will enforce compliance.

Cruz told selectmen during the meeting that he believes the state's
drug paraphernalia law is constitutional. It was signed into law in
1998 by Gov. Paul Cellucci. In explaining the position of the
District Attorney's office on drug paraphernalia, Cruz told
selectmen, "There are certain things, like pipes, that people selling
them should know what they're selling them for. If they're selling a
scale in a smoke shop, it's different than if it's in a
pharmaceutical company." He added, "I'm willing to prosecute if
they're buying these items to be used illegally. The law is what it
is, and it's my job to enforce it." Meanwhile, in Hanover, the
Plymouth County District Attorney's office has dropped charges
against two employees of Spencer's Gifts in the Hanover Mall. In
January the employees were charged with violating the drug
paraphernalia law by selling water pipes. In the plea agreement,
Spencer's agreed to stop selling water pipes at the mall in exchange
for no charges being brought against the employees.