Pubdate: Wed, 08 Feb 2006 Source: Hanover Mariner (MA) Contact: http://www.townonline.com/hanover/news.html Address: 165 Enterprise Drive, Marshfield, MA 02050 Copyright: 2006 Hanover Mariner Author: Paula Woodhull Bookmark: http://www.mapinc.org/find?228 (Paraphernalia) PEMBROKE 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. - --- MAP posted-by: Beth Wehrman