Pubdate: September 17, 1997 Source: Boston Globe Contact: Marijuana rally leaders, city battle over vendors By William F. Doherty, Globe Staff, 09/17/97 A dispute over the number of food vendors to be allowed at planned promarijuana rally Saturday on Boston Common wound up in Suffolk Superior Court yesterday. The city wants to restrict the number of food vendors to 10. But the Massachusetts Cannibis Reform Coalition, which is organizing the rally, wants 30 to 35 vendors. After hearing arguments, Judge John C. Cratsley said he will rule today on the organizers' request for an injunction that would allow the extra vendors. Attorney John G. Swomley of the American Civil Liberities Union, representing the rally organizers, said they need the income from the vendors to pay rally expenses, including police details and cleanup and insurance costs. Swomley said that by leaving the prospective crowd of 50,000 hungry and dehydrated, the city was infringing on free speech. ''It is an unconstitutional means to decrease attendance,'' he said. Attorney Karen M. Coppa, representing the city, said the traffic and trash generated by an excessive number of food vendors would damage the Common. Although there were more vendors at the rally last year, Coppa said this year the city was enforcing its new Boston Common Management Plan and restricting the number of food sellers. ''This has nothing to do with free speech,'' Coppa said. The promarijuana group has held a rally on Boston Common the past six years. But each year, Swomley said, the city has tried to thwart organizers by imposing restrictions. This year, he said, the city sought to limit the crowd to 10,000 and require the posting of a $10,000 bond, before backing off on those requests. The city crackdown will not affect other vendors who will sell items such as fake marijuana cigarettes and fake marijuana leaves. In contrast, he said, the city was allowing corporate sponsors to distribute free ice cream and juice at a family festival planned on the Common the following weekend. Named as defendants in the suit were Mayor Thomas M. Menino and Parks Commissioner Justine Liff. This story ran on page B02 of the Boston Globe on 09/17/97.