Brewster Rejects Added Marijuana Penalty
Doug Fraser
May 6, 2009
Cape Cod Times (Hyannis, MA)
BREWSTER — They barely made their quorum — at one point Town Moderator Stephen Doyle ordered the doors shut to keep voters in — but those who came to the second night of town meeting yesterday were there to be heard.
The first of many articles that spawned long, passionate debates was a proposed ordinance to create a $200 fine for public smoking of marijuana and hashish, and to increase the fine for public drinking of alcohol to $200.
Police Chief Richard Koch explained the ordinance would fill an enforcement void created when state voters ratified a law in November decriminalizing the possession of less than an ounce of marijuana.
Koch said public smoking of marijuana and hashish could be potentially "disruptive," much like alcohol.
But many in the audience questioned both the need for such a law and the size of the fines, including the new $300 fine for giving a false name or failing to identify oneself that was also in the ordinance.
"Sixty-two percent of voters, voted to decriminalize (marijuana)," said Elbert Ulshoeffer, who added that a $100 fine for possessing less than an ounce of pot was already included in the law passed last fall. Ulshoeffer pointed out there were only 17 drug-related crimes prosecuted in town last year. "There's no great disturbance going on," he said.
Others also were worried that a glass of wine on the beach might result in a $200 fine.
Voters rejected the proposed ordinance, 120-87.
Money to build tennis courts on land adjacent to the Stony Brook Elementary School also proved controversial as some argued for fiscal restraint in tough economic times, while others said the town needed to provide a full range of recreational opportunities for both residents and visitors. The current courts are in bad repair and are built on marshy, unstable ground, town officials said.
The proposal at town meeting called for the town to transfer $350,000 from available funds and to add $250,000 of Community Preservation Act money to build four full-size courts, and four small courts designed for children. U.S. Tennis Association officials have said they would contribute another $50,000. After much debate, both articles passed.
The courts will be built on land near the center of town, next to an elementary school and near the bike trail.
"It's a major investment with a wonderful location," Town Administrator Charles Sumner said. | 
