GARDNER OKS CABLE SERIES PROMOTING POT

Threat Of Lawsuit Over Access Heeded

GARDNER- The city's Cable Commission, concerned about the possibility of a
lawsuit, voted 3-2 yesterday to allow pro-marijuana videotapes to be shown
on the local cable access station.

Commission Chairman Frank K. Hirons, Vincent S. Ialenti and Raymond
LaFontaine voted yes. Charles R. LeBlanc, who is also on the School
Committee, and James M. Walsh, who is also an at-large city councilor,
voted no.

Commissioners first talked about whether the meeting would qualify for an
executive session because of remarks made last week about possible
lawsuits. But instead, the commission recessed and a few commissioners met
privately with city solicitors to discuss a five-page legal opinion on the
matter. They then met again and held the discussion and vote in public.

As Mr. Hirons made a motion to allow the playing of the tapes, he noted
that tape proponents had said few people watch Gardner's access channel.

"I don't have a feeling it's going to be a gigantic issue," Mr. Hirons said.

Steve Drury, a pro-marijuana activist from Templeton, asked the city a
couple of months ago to air four tapes that are part of a cable series by
Jim Pillsbury of Framingham. The tapes concern potential state budget
savings from decriminalizing marijuana; medicinal marijuana; a hemp
clothing pageant; and the politics of pot, according to a flier.

When the commission discussed the issue last week, Mr. Drury and Mr.
Pillsbury attended along with Ronal C. Madnick, executive director of the
Worcester County Chapter of the American Civil Liberties Union of
Massachusetts. The commission referred the matter back to City Solicitor
Scott Graves for a second opinion - which arrived in a document, stamped
"Confidential," and was handed out to commissioners before yesterday's meeting.

The letter, which was released to reporters after the meeting, says that
both a representative of the state Cable Commission and a lawyer with
experience in the area told Mr. Graves they believe Gardner would lose a
court case if it refused to let the tapes be aired.

Gardner has a single access channel that Mr. Ialenti has said broadcasts
governmental and educational material, but not material generated by the
public. But Mr. Graves wrote that when Mount Wachusett Community College or
the Rotary Club or a charity uses the channel to broadcast a message, then
access has been given to nongovernmental users.

So, Mr. Graves wrote, there have been public uses on the channel before.

But he also wrote that he believes the city is within its rights to deny
access to Mr. Pillsbury and all other members of the public, given existing
facts and circumstances.

During the meeting, Mr. Ialenti talked about how broadcasting the marijuana
tapes might open the door to dealing with "more distasteful and offensive"
material.

But if the city did not air the marijuana tapes it also would not be able
to air broadcasts involving the American Cancer Society and other community
groups, Mr. Ialenti said.

After a discussion of the cost of fighting the issue in court, Mr. Hirons
said he did not see the worth of trying to fight at this point. He might
have differing personal feelings on the subject, but logically it seemed
commissioners should let the tapes be aired, he said.

"I don't see what great harm can come from it," Mr. Hirons said.

Mayor Daniel J. Kelley voiced some options, including taking the access
channel off the air right away and developing bylaws to protect against
offensive material being aired and then putting the channel back on.

Mr. LeBlanc said he agreed with that because he was afraid someone later
might claim discriminatory practices if he was not allowed to broadcast
material after the marijuana tapes had been aired. By putting the marijuana
tapes on the air, the city is opening Pandora's box, he said.

Before the meeting, Mr. Graves said that because the ACLU and Mr. Pillsbury
had "threatened to sue" over the matter, the commission had the right to
meet in executive session.

When a reporter said the situation did not qualify for an executive
session, Mr. Graves asked, "What law school do you go to?"

After the meeting, when reporters questioned the decision not to hand out
Mr. Graves' legal opinion until after the vote, Mr. Kelley vociferously
defended the choice.

"Scott did what he did to protect the city and citizens," Mr. Kelley said.

If the commission had voted not to air the tapes, language in the letter
could have endangered the city's position in a lawsuit, and he would not
have given out the document after the meeting, he said.