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News (Media Awareness Project) - US MA: Marijuana Advocate, Town Settle Park Suit
Title:US MA: Marijuana Advocate, Town Settle Park Suit
Published On:2003-07-15
Source:Boston Globe (MA)
Fetched On:2008-01-20 01:31:27
MARIJUANA ADVOCATE, TOWN SETTLE PARK SUIT

A local advocate of legalizing marijuana dropped a free-speech lawsuit
against Ashland yesterday after signing a settlement late last week that
allows him to hold rallies at Stone Park like anyone else.

James Pillsbury, coordinator of the MetroWest chapter of the National
Organization for the Reform of Marijuana Laws, filed a federal lawsuit last
year contending that Ashland had created a $1 million liability insurance
requirement only after the group submitted an application to hold a rally

at Stone Park for legalizing marijuana. Pillsbury contended in the suit
that the coverage was excessive and nearly impossible to secure, and that
it marked Ashland's second violation of free speech in a decade.

But unlike the previous case, Pillsbury, along with the Massachusetts
Cannabis Reform Coalition, was able to settle out of court. The agreement,
finalized on Friday, requires only a $25 per hour charge for use of the
park. If the town decides to extend coverage for events using the
municipality'sits insurance policy, the fee could not exceed $150 per event.

''I'm glad the town decided to back down . . . from their position of
putting up roadblocks for people who want to express their right to freedom
of speech,'' Pillsbury said yesterday. ''It's so absurd that they were
trying to block us from being there.''

After weeks of negotiations, Dale Morris, Ashland's assistant town manager,
signed the agreement on behalf of the town on Wednesday. Town Manager
Hector Rivera is on vacation and could not be reached for comment.

Morris, who was named as a defendant in the suit, said Ashland never tried
to single out Pillsbury because of his views on marijuana.

''We were just trying to protect the town,'' Morris said of the insurance
requirement.

''I'm just glad it's over,'' he said.

It was the second victory in nearly a decade for Pillsbury. The Framingham
resident hosted two rallies at Stone Park in 1993, and although no arrests
were made, one town official reported that he witnessed marijuana smoking.

When Pillsbury sought a permit for another rally several months later,
Ashland officials told him that a new policy allowed nonresidents to use
public facilities only once a year.

Pillsbury filed suit against Ashland, and a judge decided in favor of the
Massachusetts Cannabis Reform Coalition. After losing its court appeal in
1995, the town was ordered to reimburse the group $30,000 in legal fees.

''It's a good thing the town finally settled out of court,'' said Bill
Downing, president of the coalition. ''Of course, it's kind of
disconcerting that it took the threat of a second lawsuit and all this time
for the town to admit that Jim has a constitutional right to use those town
facilities.'' With the settlement reached on Friday, Pillsbury's attorney
filed a motion yesterday to dismiss the case in US District Court.

With the latest flap behind him, Pillsbury said he is hoping to host his
weekly cable show at Stone Park. Featured topics have included hemp fashion
shows and medical marijuana.

The rallies will undoubtedly return to the park, he said, but most likely
in an election year, when ballot questions involving the decriminalization
of marijuana are at stake.
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