Federal judge allows adult bookstore owner to attend police academy

By The Associated Press

03.05.02

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Eugene O'Neill quit the State Police Academy after the first day of training, his lawyer said on March 6. "He withdrew for personal reasons," said attorney Shannon Liss-Riordan. She said the favorable court decision was not a wasted victory because O'Neill quit. "His case presented an important constitutional issue. As a legal matter, if the person decides to withdraw, it's of no consequence. The court gave him the opportunity to enter the academy and from my perspective, that's the important thing."

BOSTON — A local peddler of erotic books and videos should be allowed to join the State Police Academy, a federal judge decided late last week.

U.S. District Judge George A. O'Toole Jr. ruled on March 1 that Eugene O'Neill's involvement with two adult bookstores "has no direct relationship to his abilities to perform satisfactorily the duties of the State Police."

O'Neill, 38, of Arlington, sued the state in February, charging that the State Police had violated his First Amendment rights when they rescinded a conditional job offer because of his part-ownership of the two stores.

The police told O'Neill he could attend the academy class, which began yesterday, only if he sold his interest in the stores, located in Somerville and Marlboro.

O'Neill declined comment through his attorney, Shannon Liss-Riordan. She called the decision a victory for free speech.

"I am pleased that the court recognized Mr. O'Neill's interest in exercising his rights under the First Amendment," Liss-Riordan said.

A police spokesman confirmed that O'Neill would be allowed attend the six-month training course, but said the litigation is not over.

The police maintain they have a right to approve any outside employment for a trooper. In the past, state police have denied requests from troopers to work as a firefighter, an auto auction consultant and a professional boxer.

"If the case is eventually decided in our favor, we can take action against Mr. O'Neill," State Police Capt. Robert Bird said. "We can tell him to divest himself of the bookstores or leave the department."

The judge ruled March 1 on an immediate request to allow O'Neill to attend the academy. O'Toole said that O'Neill would not enter active duty until he had successfully completed the six-month course.

"By that time, the issues presented in this action can be fully litigated to a final judgment," O'Toole wrote.