, Newburyport, MA

Local News

January 25, 2014

Judge dismisses smoke shop complaint


In addition, Delker wrote, the petition to prevent the police from investigating potential violations of the ordinance would be contrary to the public interest.

And while the complaint states both the Smoking Monkey and Smoker City are located adjacent to the state highway and not Seabrook owned property, Delker wrote, the petition didn’t develop any legal arguments as to why the ordinance wouldn’t be enforceable on state roads. As a result, Delker didn’t consider the argument.

This isn’t the first attempt the owners of the two stores tried to silence the controversy concerning fake weed.

About a month after the debate on fake weed took place at a Sept. 9 selectmen’s meeting, on behalf of his clients the Smokers City and Smoking Monkey, attorney Richard Foley emailed Town Manager Bill Manzi strongly urging the town to stop rebroadcasting the meeting on its cable access channel and threatening to sue if the town didn’t comply.

Foley added that if the town did not comply with his request, he wanted the name of the town’s attorney, for he would “be immediately seeking an injunction and damages in the Rockingham Superior Court.”

The town continued its usual replay schedule of the meeting, Manzi said, and town counsel informed Foley he had no legal standing to make the demand or seek or get an injunction.

In October, on behalf of the two smoke shops, Foley brought suit against resident Tammy Calabrases, claiming she defamed the businesses at the selectmen’s meeting. In late November, a Rockingham Superior Court judge denied to issue a gag order the suit requested against Calabrase.

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