Pot Advocate Challenges Ejection From Gardner Plaza

A Templeton man faces trespassing charges after being arrested outside a local grocery store for soliciting signatures for marijuana legalization ballot question.

Stephen R. Drury, 53, was arraigned today in Gardner District Court for trespassing. He was arrested Sunday at Stop & Shop Supermarket in Timpany Plaza after being told by the store's management to leave its property.

Mr. Drury was at the store collecting signatures for a nonbinding state ballot question that asks, "Shall the state senator from the district be instructed to vote to allow the state to regulate the taxation, culture and sale of marijuana for adults?"

Mr. Drury has been ejected from Timpany Plaza before: in 1999 when he was collecting signatures on another marijuana legalization ballot initiative. After the intervention of the American Civil Liberties Union of Massachusetts, it was agreed that he could collect signatures in the public areas of the plaza.

At his arraignment today, Mr. Drury questioned the jurisdiction of the court and told Judge Arthur F. Haley III he did not want to be represented by an attorney and would not represent himself. He said he does not view the court documents supplied by arresting officers as acceptable because they do not bear the seal of the court and aren't signed properly.

Mr. Drury would not say whether he was pleading guilty or not guilty.

Judge Haley then entered a not guilty plea in his behalf, and the case was continued to July 9 for a pretrial hearing.

When Mr. Drury tried to question the judge about the case, Judge Haley said he did not have the right to question him and said he should speak to the secretary of state's office about any issues of jurisdiction.

Outside the courthouse after his arraignment, Mr. Drury said he respects Judge Haley and the way he manages the court, but he is just trying to defend himself. He believes the judge erred in entering a plea for him because the judge is supposed to be impartial. He said he will raise that matter as an issue in his defense.

Mr. Drury said his arrest for trespassing was a violation of his rights. He said he has freely collected signatures in many places, including at the Winchendon Post Office, the Winchendon and Phillipston town dumps, and at Narragansett Regional High School during Templeton annual town meeting, and has not been faced with arrest.

"This is an abomination and striking a blow at principles of freedom," he said.

Mr. Drury said he did not resist arrest or cause a disturbance before his arrest and he hopes people he approached to collect signatures will come forward to say to say how polite he was.

"My intentions were always to be cooperative," he said, adding that he believes people should be totally free to collect signatures for candidates and initiative petitions.


NewsHawk: Ganjarden: 420 MAGAZINE
Source: Telegram.com
Author: George Barnes
Copyright: 2010 Worcester Telegram & Gazette Corp.

* Thanks to MedicalNeed for submitting this article
 
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