Amicus Curiae Brief — Hurley v. Irish-American Gay, Lesbian and Bisexual Group of Boston, Inc.

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b SOUTH BOSTON ALLIED WAR VETERANS COUNCIL,

IRISH-AMERICAN GAY, LESBIAN AND BISEXUAL

GROUP OF BOSTON, AN UNINCORPORATED ASSOCIATION,

By AND THROUGH TIMOTHY DALEY, BARBRA KAY, AND

CATHLEEN FINN, ActinG ON THEIR OWN BEHALF

AND ON BEHALF OF MEMBERS OF THE ASSOCIATION,

RESPONDENTS.

ON WRIT OF CERTIORARI

TO THE SUPREME JUDICIAL COURT OF

THE COMMONWEALTH OF MASSACHUSETTS.

JOINT APPENDIX

CHESTER DARLING* JOHN WarRp*, Of Counsel

306 Dartmouth Street ZALKIND, RODRIGUEZ, LUNT,

Boston, Massachusetts 02116 & DUNCAN

(617) 536-2050 65A Atlantic Avenue

Boston, Massachusetts 02110

*Counsel for Petitioners (617) 742-6020

*Counsel for Respondent

PETITION FOR CERTIORARI FILED OCTOBER 24, 1994

CERTIORARI GRANTED JANUARY 6, 1995

Table of Contents.

Significamt Docket Entries 2... 5. ces -

Supreme Judicial Court for the Commonwealth of

Massachusetts, No. SJC-06498 .............

Suffolk Superior Court of the Commonwealth of

Massachusetts, No. 92-ISI8A ........2.....

(BRET gO aye a er ake A oa go

Defendants’, the South Boston Allied War Veterans

Council and John J. Hurley, Answer to Plaintiffs’

Amended Complaint and Cross Claims .......

Trial Exhibits in Proceedings before Flannery, J.

SUE SN PEI otc hare S's ec ee ew he's

Official Roster from the 1992 Evacuation Day/St. Pat-

Toe SG Pe Ce i ee es

Official Roster for 1993 Parade (Ex. 33) ........

Letter dated 1/14/93 from Chester Darling to Mary

Bonauto denying GLIB’s request to march in 1993

WO I eG ek 8

Letter from Kleagle of Massachusetts to Wacko Hurley

es SN Rr ae 6 Bre eg sa tee Oe es

eee. fe er rr ee

Informational brochure regarding GLIB (Ex. 68) .

1992 Application/Registration Form for GLIB (Ex. 72)

Commonwealth of Massachusetts Proclamations for

Evacuation Day: 1926, 1940 and 1991 (Ex. 92) .. A6l

Photograph from Boston Globe, 3/29/93, of GLIB con-

tingent with identifying banner (Ex. 113) ...... A67

il TABLE OF CONTENTS (CONT’D)

Excerpts from Transcript of Proceedings before Flannery, J.

Docket No. SISIGA ois ss oa eee A68

Statements to Court by Attorney Chester Darling on

NECER 06 LI wn oe eee A69

Cross examination of Superintendent Thomas P.

| RRR Cee ee TC 8 ee i.) ae

Direct examination of Thomas J. Lyons ........ A80

Cross examination of Thomas J. Lyons ......... A8l

Re-cross examination of Thomas J. Lyons ....... A85

Direct examination of John J. Hurley .......... A86

Comouy wet Gb Ce... 6 6s 6a a oo eee A88

Further direct examination of John J. Hurley ..... A88

Cross examination of John J. Hurley .......... A90

Direct examination of John J. Hurley by the court .. A104

The following opinions, decisions, judgments, and orders

have been omitted in printing this Joint Appendix because they

appear on the following pages in the Appendix to the printed

Petition for Certiorari:

Opinion of Suffolk Superior Court, Commonwealth of

Massachusetts, No. 92-1518, dated December 15,

i: Pre a rarer Fo She eee Bl

Opinion of the Supreme Judicial Court of the Common-

wealth of Massachusetts, No. SJC-06498, dated July

3, FO as 5 6 whee a ee le ae Cl

Notice of Denial of Petition for Rehearing of the

Supreme Judicial Court for the Commonwealth of

Massachusetts, dated July 26, 1994 ........... D1

ale in rte Nt NIT el: that, an Ysa

COMMONWEALTH OF MASSACHUSETTS

01/09/95

SUPREME JUDICIAL COURT

FOR THE COMMONWEALTH

SJC-06498

IRISH-AMERICAN GAY, LESBIAN AND BISEXUAL

GROUP OF BOSTON & others vs. CITY OF BOSTON

02/16/94

03/11/94

03/15/94

05/13/94

07/11/94

07/25/94

07/26/94

Entered.

ORDER: A majority of the Justices having con-

cluded that there was no error below, the judgment

of the Superior Court, dated December 24, 1993, is

affirmed. Opinion or opinions to follow. Notice to

counsel.

The Motion for Stay of Judgments and Order filed

by the appellants, South Boston Allied War Veter-

ans Council is denied. By the Court, Notice to coun-

sel.

MOTION to Enlarge Time for Filing Petition for

Rehearing until fourteen days after the issuance of

the written decision in this appeal filed by the South |

Boston Allied War Veterans Council. ALLOWED.

Notice to counsel.

Opinion issued. See docket entry #13 paper #12.

Reasons as on file. Notice to counsel.

PETITION FOR REHEARING, filed for South

Boston Allied War Veterans by Chester Darling,

Esquire.

DENIAL of petition for rehearing. (By the Court)

Notice to counsel.

COMMONWEALTH OF MASSACHUSETTS

SUFFOLK SUPERIOR COURT

CIVIL DOCKET

92-O1518A

As of 01/12/95

Irish-American Gay, Lesbian et al. v. Boston et al.

03/10/92

03/11/92

04/30/92

07/22/92

02/19/93

02/22/93

12/15/93

12/22/93

Complaint

ORDER (See P#3) (Zobel, J.) Fee Paid

ANSWER: John “Wacko” Hurley (Defendant)

ANSWER & Jury demand of defts. South Boston

Allied War Veterans Council, Thomas Lyons, &

Gene Vaillancourt (All issues)

MEMORANDUM & ORDER re: Parade on March

14, 1993. (Zobel, J.). Notice sent February 19,

1993

Amended MEMORANDUM and ORDER re:

Parade on March 14, 1993. (Zobel, J.). Feb. 22,

1993, nunc pro tunc, Feb. 19, 1992 Notice sent

February 23, 1993

Notice of Appeal of deft. The South Boston Allied

War Veterans Council to Order dated February 19,

1993

Findings: OF FACTS, RULINGS OF LAW &

ORDER FOR JUDGMENT (Harold Flannery, Jus-

tice) Notice in hand 12/5/93

Motion of deft, The South Boston Allied War Vet-

erans Council, for leave to proceed on Appeal in

Forma Pauperis

Motion of deft, The South Boston Allied War Vet-

erans Council, for Relief from Judgment

Motion of deft, The South Boston Allied War Vet-

erans Council, for Stay of Judgment

12/22/93

12/24/93

Notice of appeal of deft, The South Boston Allied

War Veterans Council

Motion of defts for lv to proceed on Appeal in For-

ma Pauperis denied without prejudice to renewal

“for Cause Shown” as required by Mass. R. App.

Prs. 12(a) (Flannery, J)

Motion of deft The South Boston Allied War Veterans

Council for stay of Judgment denied. (Flannery, J)

Motion of deft The South Boston Allied War Veter-

ans Council for Relief from Judgment denied.

Flannery, J)

JUDGMENT |. As to the pliff GLIB’s claims

against deft City of Boston Judgment shall enter for

the City and the claims are Dismissed; the City shall .

remain as a party in the action in order to ensure ef-

fective relief. 2. As to the deft Veteran’s cross-

claims against the deft City of Boston, Judgment

shall enter for the City and the Cross-claims are dis-

missed. 3. The defts South Boston Allied War

Veterans Council, John J. “Wacko” Hurley their

officers agents servants employees attys and all

other persons in active concert or participating with

them who have actual notice of the Order: (a) are

permanently enjoined from discriminating against

the plff on the basis of sexual orientation with re-

spect to participation in the deft’s annual St. Pat-

rick’s / Evacuation Day Parade (b) shall accommo-

date in the parade in all respects representatives of

the piff on the terms and conditions generally appli-

cable to all other parade participants (Flannery, J),

entered on docket pursuant to Mass. R. Civ. P. 58(a)

and notice sent to parties pursuant to Mass. R. Civ.

P. 77(d) ;

12/29/93

02/07/94

04/14/94

05/10/94

07/20/94

Notice of appeal of defts John J. Hurley & the South

Boston Allied War Veterans Council

Motion of defts to Modify the Record on appeal fil-

ing copies in lieu of missing originals and to supple-

ment the record on appeal Allowed, subject to two

conditions: (1) the other parties shall have a reason-

able opportunity to verify authenticity, and (2) the

appellants shall cooperate with respect to similar re-

quests by another party (Flannery, J)

Rescript rec’d from SJC “A Majority of the Justices

having concluded that there was no error below, the

judgment of the Superior Court dated December 24,

1993, is affirmed”

JUDGMENT AFTER RESCRIPT (PURSUANT

TO MASS. R.A.P. 28) That the Judgment of the

lower court is affirmed entered on docket pursuant

to Mass. R.Civ.P. 58(b) and notice sent to parties

_ pursuant to Mass. R.Civ.P. 77(d)

Motion to vacate entry of judgment after rescript

(w/o opposition)

COMMONWEALTH OF MASSACHUSETTS

SUFFOLK, ss. SUPERIOR COURT

IRISH-AMERICAN GAY,

LESBIAN AND BISEXUAL

GROUP OF BOSTON, an unincor-

porated association, by and through

TIMOTHY DALEY and CATH-

LEEN FINN, acting on their own

behalf and on behalf of the members

of the association,

Plaintiffs,

ee at

CIVIL ACTION

v. No. 92-1518-A

CITY OF BOSTON, SOUTH BOS-

TON ALLIED WAR VETERANS

COUNCIL, and JOHN J.

“WACKO” HURLEY, individually

and as a representative member on

behalf of the South Boston Allied

War Veterans Council,

Defendants.

Nowe Ne ee ee ee ee ee ee ee eee ee”

PLAINTIFFS’ SUPPLEMENTAL PLEADING

AND AMENDED COMPLAINT

Introduction

1. Plaintiffs’ Gay, Lesbian and Bisexual Irish-American

Group of Boston, Timothy Daley and Cathleen Finn bring this

action to obtain declaratory and injunctive relief and damages

for the violation of their right, under Massachusetts statutory

law, the Massachusetts Declaration of Rights, and the United

States Constitution, to be free from invidious discrimination

in a place of public accommodation, resort or amusement, and

to remedy the violation of their right to freedom of expression

and to equal protection of the laws.

2. Plaintiffs have applied for a parade registration form to

Day Parade to be held on Sunday, March 14, 1993 in South

Boston. Defendant South Boston Allied War Veterans Council

has refused to provide Plaintiffs with a registration form and

has stated that Plaintiffs will not be allowed to march in this

year’s Parade, despite the fact that Plaintiffs marched last year

pursuant to Court order and in a peaceful and orderly manner.

3. Defendants South Boston Allied War Veterans Council

and John J. “Wacko” Hurley, by refusing to allow the registra-

tion and participation of Plaintiffs in the 1993 Parade, have

violated Massachusetts General Laws c. 272, sections 92A

and 98, forbidding discrimination in a place of public accom-

modation, resort or amusement on the basis of sexual orienta-

tion.

4. Defendant City of Boston has aided and incited this vio-

lation of Massachusetts General Laws c. 272, sections 92A

and 98, in violation of sections 92A and 98.

5. Defendant City of Boston, acting under color of law,

has abridged Plaintiffs’ rights, guaranteed by the First and

Fourteenth Amendments of the United States Constitution and

Articles 1 and 16 of the Massachusetts Declaration of Rights

by denying Plaintiffs the right to register for and march in the

annual Evacuation Day/St. Patrick’s Day Parade based on the

content of the message that Plaintiffs express.

Parties

6. Plaintiff Gay, Lesbian and Bisexual Irish-American

Group of Boston (“GLIB”) is an unincorporated association

des PRM AO ree

based in Cambridge. GLIB is a social and cultural organization

open to all gay men, lesbians and bisexuals of Irish descent

and others interested in Irish and Irish-American issues. Among

GLIB’s purposes are the affirmation and celebration of the

dual identity of its members as Irish-Americans who also share

a gay, lesbian or bisexual identity. To that end, members of

GLIB wish to register their organization and march in the 1993

Evacuation Day/St. Patrick’s Day Parade.

7. Plaintiff Timothy Daley is a resident of Boston and a

member of GLIB who wishes to march with GLIB in the

upcoming Evacuation Day/St. Patrick’s Day Parade.

8. Plaintiff Cathleen Finn is a resident of Somerville and a

member of GLIB who wishes to march with GLIB in the

upcoming Evacuation Day/St. Patrick’s Day Parade.

9. Defendant City of Boston (“City”) is a municipal corpo-

ration organized under the laws of the Commonwealth of Mas-

sachusetts. Together with the South Boston Allied War Veter-

ans Council, it is the custom and policy of Defendant City to

sponsor, organize, and promote the annual Evacuation Day/St.

Patrick’s Day Parade in South Boston.

10. Defendant South Boston Allied War Veterans Council

(“Council”) is, on information and belief, an unincorporated

association which, in conjunction with Defendant City, spon-

sors, Organizes, and promotes the annual Evacuation Day/St.

Patrick’s Day Parade.

11. Defendant John J. “Wacko” Hurley is Parade Adjutant

for the 1993 Evacuation Day/St. Patrick’s Day Parade

(“Parade”). Upon information and belief, Defendant Hurley

is responsible, inter alia, for the approval or rejection of appli-

cations for registration forms, and for the approval or rejection

of registration forms submitted by groups that wish to march

in the Parade.

Facts

12. Evacuation Day is an annual state holiday established

in 1938 by Massachusetts General Laws c. 6, section 12K to

celebrate George Washington’s historic rousting of the British

army from Boston in 1776.

13. In the City of Boston, Evacuation Day traditionally has

been observed in conjunction with St. Patrick’s Day. For many

years, Defendant City and Defendant Council have cospon-

sored an annual Evacuation Day/St. Patrick’s Day Parade that

takes place on the streets of South Boston. In order to partici-

pate in the Parade, groups must register with the Defendants.

14. On or about the first week of January 1993, Plaintiff

Daley wrote to Defendant Hurley requesting that Defendant

Hurley send him a Parade registration form so that GLIB could

15. On January 11, 1993 Defendant Hurley sent a letter on

behalf of Defendant Council to Plaintiff Daley informing him

that his “request for a registration form to participate in ihe

1993 St. Patrick’s Day/Evacuation Day Parade is denied.”

Exhibit A. On information and belief, Defendant Council has

not refused to send the registration form to any other Irish-

American group seeking to participate in the Parade.

16. Defendant Hurley’s denial of Plaintiffs’ request for a

registration form was pursuant to a vote by Defendant Council

not to “permit any group with any sexual themes to march”

in the Parade. Exhibit B.

17. Defendants’ refusal to allow GLIB to register to march

in the Parade followed closely upon GLIB’s request, made

pursuant to the suggestion by this Court in December 1993

that the parties resolve this dispute without resort to the courts.

Exhibit C.

18. Following Defendants’ refusal to allow Plaintiffs to reg-

ister to march in the 1993 Parade, Plaintiffs filed a complaint

with the Massachusetts Commission Against Discrimination

(“MCAD”). Exhibit D. On February 1, 1993 the MCAD issued

Removal Letters permitting the Plaintiffs to pursue their dis-

crimination claims in Superior Court. Exhibit E.

19. On or about December 23, 1992 Defendant City issued

a conditional parade permit to Defendant Council. Without

this permit, the Parade cannot take place. Moreover, upon

information and belief, Defendant City has provided and con-

tinues to provide support and services to Defendant Council

in its Parade organizing activities.

20. The 1993 Parade is a public accommodation in that it

is a place of public amusement, entertainment, or resort. The

Parade is open to and accepts the patronage of the general

public. The 1993 Parade may reasonably be expected to draw

in excess of 20,000 participants from diverse social, cultural,

civic, religious, political, educational and historica! organiza-

tions. The Parade regularly draws in excess of 750,000 spec-

tators.

21. The Parade is a celebration of Evacuation Day, a state

holiday, and traditionally has been a public function of Defend-

ant City. Defendant City has delegated this public function,

in part, to Defendant Council. The Parade is imbued with a

governmental character because, inter alia, it celebrates the

public holiday of Evacuation Day and because it is the only

officially sanctioned public celebration of that holiday in the

City of Boston.

22. For many years, it has been a custom and policy of

Defendant City to associate its name and its service with the

Parade. In 1992, the official Parade registration form described

the Parade as the “City of Boston Evacuation Day Parade.”

The registration form for the 1992 Parade contained the official

City of Boston seal and was produced in the City print shop.

On information and belief, two employees of the City of Boston

Veterans Services Department, identifying themselves as such,

organized and administered the preparations for the Parade,

Al0

including the registration of participating groups, from their

offices in City Hall and as part of their official duties.

23. Defendant City benefits from its custom and policy of

cosponsorship and support of the Parade through the creation

of tourist attractions, cultural celebrations, and historic com-

memorations relating to Evacuation Day and St. Patrick’s Day,

which foster Defendant City’s international reputation and en-

genders good will among its citizens. The Parade is a unique

public forum for expression within the City of Boston and the

Commonwealth.

24. The Parade occurs exclusively on public highways, /.e.,

the streets of South Boston.

25. The public streets upon which the Parade is held are a

traditional public forum.

26. Defendants have had no established, regularly followed

standards for determining which groups will be allowed to

march in the Parade, other than payment of the required fee

of $200.00 and completion of a registration form. There is no

prohibition on political speech, nor is there any requirement

that participating groups be Irish or Irish-Catholic. The 1992

Parade was dedicated to the themes of “Say No To Drugs,”

“The Armed Forces,” and “World Peace.”

27. Participants in the 1992 Parade included such diverse

groups as the Teen-Aged Mutant Ninja Turtles, Massachusetts

Citizens for Life, South Boston Against Drugs, Hallamore

Clydesdale Horses, 98.5 MIX FM Radio Station, South Boston

Baptist Bible Trolley, Miss South Boston, Miss Ice-O-Rama,

Miss Jr. Ice-O-Rama, Put Americans to Work, Earth Day

Marchers, the Wheelmen Antique Bicycles, New England

Shelter for the Homeless, and the McGruff Crime Dog. Spon-

sors of floats and bands in the Parade included City of Boston

Mayor Raymond Flynn, Congressman John J. Moakley, Mas-

sachusetts Senate President William Bulger, Boston City Coun-

cilor James Kelly, Sheriff Robert Rufo, Shubert’s Smoke Shop,

All

Budweiser, Pepsi-Cola, Hub Video, the Mt. Washington

Cooperative Bank, and the World Cross Country Champion-

ship Race Committee.

28. Plaintiffs marched in the 1992 Parade pursuant to this

Court’s Order of March 11, 1992. Plaintiffs fully complied

with the terms of the Order, which included limiting their

group to 25 participants, wearing easily recognizable insignia,

carrying only one banner, not distributing pamphlets, objects

or materials of any kind, working cooperatively with the Boston

Police, and conducting themselves in a peaceful and orderly

manner.

29. Despite Plaintiffs’ exemplary conduct in the 1992

Parade, Defendants have denied Plaintiffs a registration form

and refused to allow them to march in the 1993 Parade because

of Plaintiffs’ sexual orientation and because of the content of

their expression.

30. Plaintiffs have no adequate remedy at law and will

suffer immediate irreparable injury to their right to be free

from invidious discrimination in a place of public accommoda-

tion, resort or amusement, and to their right to freedom of

expression and to the equal protection of the laws if they are

not allowed to participate in the Evacuation Day/St. Patrick’s

Day Parade on March 14, 1993.

COUNT I

Massachusetts General Laws c. 272, Sections 92A and 98

31. Plaintiffs repeat and reallege paragraphs | through 30

as if each were fully set forth herein.

32. By denying Plaintiffs the right to register for and march

in the 1993 Evacuation Day/St. Patrick’s Day Parade based

on Plaintiffs’ sexual orientation, Defendants have deprived

and aided and incited the deprivation of Plaintiffs’ right to be

free from invidious discrimination in a place of public accom-

Al2

modation in violation of Massachusetts General Laws c. 272,

§§ 92A and 98.

COUNT Il

First and Fourteenth Amendments, Article 16

33. Plaintiffs repeat and reallege paragraphs | through 32

as if each were fully set forth herein.

34. By denying Plaintiffs the right to register for and march

in the 1983 Evacuation Day/St. Patrick’s Day Parade based

on the content of Plaintiffs’ expression and the fact that GLIB’s

membership is comprised of gay men, lesbians, and bisexuals,

_Defendants, acting under color of state law, have deprived

Plaintiffs of their right to freedom of expression in violation

of the First and Fourteenth Amendments to the United States

Constitution and Article 16 of the Massachusetts Declaration

of Rights.

COUNT III

Fourteenth Amendment, Article 1

35. Plaintiffs repeat and reallege paragraphs | through 34

as if each were fully set forth herein.

36. By denying Plaintiffs the right to register for and march

in the 1993 Evacuation Day/St. Patrick’s Day Parade based

on Plaintiffs’ expression and the fact that GLIB’s membership

is comprised of gay men, lesbians and bisexuals, Defendants,

acting under color of state law, have deprived Plaintiffs of

their right to equal protection of the laws in violation of the

Fourteenth Amendment to the United States Constitution and

Article | of the Massachusetts Declaration of Rights.

PRAYERS FOR RELIEF

WHEREFORE, Plaintiffs request that this Court grant the

following relief:

Ace nea hah en pl A gh I te nc ts 10 Mri Delia lin All

;

Al3

1. An expedited discovery schedule to permit a full hearing

on the merits of the Plaintiffs’ claims prior to March 14, 1993,

the date of the Parade, for the reasons set out in the accompany-

ing Motion for Expedited Discovery;

2. A temporary restraining order, and preliminary and per-

manent injunctions ordering Defendants to permit Plaintiffs to

Parade on March 14, 1993 on an equal basis with other partici-

pants;

3. A declaratory judgment that the decision by Defendants

not to allow Plaintiffs to register for and march in the 1993

Parade violated the right of Plaintiffs to be free from invidious

discrimination in a place of public accommodation, resort or

amusement, and violated the right of the Plaintiffs to freedom

of expression and equal protection of the laws guaranteed by

the First and Fourteenth Amendments to the United States

Constitution and Articles 1 and 16 of the Massachusetts Decla-

ration of Rights;

4. An order pursuant to Massachusetts General Laws

c. 151B, section 5 that Defendants cease and desist their vio-

lation of Massachusetts General Laws, c. 272, section 92A

and 98;

5. An award to Plaintiffs of the costs of this action, including

reasonable attorneys fees and costs pursuant to 42 U.S.C.

section 1988 and Massachusetts General Laws c. 151B, section

5; and

6. Such other and further relief as the Court deems just and

appropriate.

Al4

By their attorneys,

JOHN WARD, Mary L. BONAUTO

BBO #515860 BBO #549967

ZALKIND & RODRIGUEZ Gay and Lesbian Advocates

65a Atlantic Avenue and Defenders

Boston, MA 02110 P.O. Box 218

(617) 742-6020 Boston, MA 02112

(617) 426-1350

GRETCHEN VAN NESS PHILIP A. CRONIN

BBO #553632 BBO #106060

3 Dresden Street PEABODY & ARNOLD

Jamaica Plain, MA 02130 50 Rowes Wharf

(617) 522-5088 Boston, MA 02110

(617) 951-2100

Dated: February 2, 1993

[Certificate of Service omitted in printing]

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COMMONWEALTH OF MASSACHUSETTS

SUFFOLK, SS. SUPERIOR COURT

DOCKET NO. 92-1518-A

IRISH-AMERICAN GAY,

LESBIAN AND BISEXUAL

GROUP OF BOSTON,

Plaintiffs,

CITY OF BOSTON, SOUTH BOS-

TON ALLIED WAR VETERANS

COUNCIL, and JOHN J.

“WACKO” HURLEY, individually

and as a representative member on

behalf of the South Boston Allied

War Veterans Council,

Defendants.

et Ne Ne ee Ne ee ee Nee Nee Nee te es es

DEFENDANTS’, SOUTH BOSTON ALLIED

WAR VETERANS COUNCIL AND JOHN J. HURLEY,

ANSWER TO PLAINTIFF’S AMENDED COMPLAINT

AND CROSS CLAIM

The Defendants, South Boston Allied War Veterans Council

and John J. Hurley (hereinafter referred to as the ‘“Veterans’’),

answer the allegations in each paragraph of the Plaintiff's

Amended Complaint dated February 2, 1993, as follows:

1. Defendants deny the allegations contained in paragraph

| of the Plaintiff's Amended Complaint.

2. Defendants admit that the Plaintiffs were not sent a parade

registration form for the March 14, 1993 St. Patrick’s/Evacu-

Al6

tion Day Parade. Defendants deny the balance of the allegations

contained in paragraph 2 of the Plaintiff’s Amended Complaint.

3. Defendants deny the allegations contained in paragraph

3 of the Plaintiff's Amended Complaint.

4. Defendants are without sufficient knowledge or informa-

tion to form a belief as to the truth of the allegations contained

in paragraph 4 of the Plaintiff's Amended Complaint and

further deny that Defendants’ actions were aided or influenced

by Defendant, The City of Boston (hereinafter referred to as

the “City”).

5. Defendants are without knowledge as to the truth of the

allegations contained in paragraph 5 of Plaintiff's Amended

Complaint and further deny that Defendant, the City, partici-

pated in the decision of the Veterans to not provide the Plaintiff

with a registration form for the March 14, 1993 St. Patrick’s/

Evacuation Day Parade.

6. Defendants admit that Plaintiffs, The Irish-American

Gay, Lesbian and Bisexual Group of Boston (hereinafter refer-

red to as “GLIB”) is an unincorporated association. Defendants

are without knowledge or information to form a belief as to

the balance of the allegations contained in paragraph 6 of the

Plaintiffs Amended Complaint.

7. Defendants are without sufficient knowledge or informa-

tion to form a belief as to the truth of the allegations contained

in paragraph 7 of the Plaintiff's Amended Complaint.

8. Defendants are without sufficient knowledge or informa-

tion to form a belief as to the truth of the allegations contained

in paragraph 8 of the Plaintiff's Amended Complaint.

9. Defendants acknowledge that Defendant, the City, is a

municipal corporation organized under the laws of the Com-

monwealth of Massachusetts. The Defendants deny the remain-

ing allegations contained in paragraph 9 of the Plaintiff's

Amended Complaint.

10. Defendants admit that the South Boston Allied War Vet-

erans Council is an unincorporated association. The Defendants

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deny the remaining allegations contained in paragraph 10 of

the Plaintiff's Amended Complaint.

11. Defendants admit that John J. Hurley was the Parade

Adjutant for the 1993 St. Patrick’s/Evacuation Day Parade.

Defendants deny the remaining allegations contained in para-

graph 11 of the Plaintiff's Amended Complaint.

12. Defendants deny the allegations contained in, paragraph

12 of the Plaintiff's Amended Complaint.

13. Defendants admit that Evacuation Day has traditionally

been celebrated in conjunction with St. Patrick’s Day. The

Defendants deny the remaining allegations contained in para-

graph 13 of the Plaintiff's Amended Complaint.

14. Defendants admit the allegations contained in paragraph

14 of the Plaintiff's Amended Complaint.

15. Defendants admit that they denied Plaintiff Daley’s re-

quest for a registration form for the 1993 St. Patrick’s/Evacu-

ation Day Parade. Defendants deny the remainder of the alle-

gations contained in paragraph 15 of the Plaintiff's Amended

Complaint.

16. Defendants admit the allegations contained in paragraph

16 of Plaintiff's Amended Complaint.

17. Defendants generally admit the allegations contained

in paragraph 17 of the Plaintiff's Amended Complaint.

18. Defendants admit the allegations contained in paragraph

18 of the Plaintiff's Amended Complaint.

19. Defendants admit that on or about December 13, 1993,

Defendant, the City, issued a conditional parade permit. De-

fendants deny the remainder of the allegations contained in

paragraph 19 of the Plaintiff's Amended Complaint.

20. Defendants admit that the St. Patrick’s/Evacuation Day

Parade attracts approximately 750,000 spectators each year.

Defendants deny the remainder of the allegations contained in

paragraph 20 of the Plaintiff's Amended Complaint.

21. Defendants deny the allegations contained in paragraph

21 of the Plaintiff's Amended Complaint.

Al8

22. Defendants admit utilizing the City seal of The City of

Boston on its registration forms for the 1992 Parade which

form incorporated the words “City of Boston Evacuation Day

Parade.” Defendants deny the remainder of the allegations

contained in paragraph 22 of the Plaintiff's Amended Com-

plaint. -

23. Defendants are without sufficient knowledge or infor-

mation to form a belief as to the general allegations contained

in paragraph 23 of the Plaintiff's Amended Complaint and

specifically deny the allegations of the “co-sponsorship of the

Parade” as it may relate to the Defendants.

24. Defendants admit the allegations contained in paragraph

24 of the Plaintiff's Amended Complaint.

25. Defendants admit the allegations contained in paragraph

24 of the Plaintiff's Amended Complaint.

26. Defendants admit that the Parade contained themes of

“Say No to Drugs”, “The Armed Forces” and “World Peace”.

Defendants deny the remainder of the allegations contained in

paragraph 26 of the Plaintiff's Amended Complaint.

27. Defendants admit the allegations contained in paragraph

27 of the Plaintiff's Amended Complaint.

28. Defendants admit the allegations contained in paragraph

28 of the Plaintiff's Amended Complaint.

29. Defendants deny the allegations contained in paragraph -

29 of the Plaintiff's Amended Complaint.

30. Defendants deny the allegations contained in paragraph

30 of the Plaintiff's Amended Complaint.

31. Defendants repeat their answers of paragraphs | through

30 as if fully set forth herein.

32. Defendants deny the allegations contained in paragraph

32 of the Plaintiff's Amended Complaint.

33. Defendants repeat their answers of paragraphs | through

32 as if fully set forth herein.

34. Defendants deny the allegations contained in paragraph

34 of the Plaintiff's Amended Complaint.

Al9

35. Defendants repeat their answers of paragraphs | through

34 as if fully set forth herein.

36. Defendants deny the allegations contained in paragraph

36 of Plaintiff's Amended Complaint.

FIRST AFFIRMATIVE DEFENSE

The Amended Complaint fails to state a claim against the

Defendants upon which relief can be granted.

SECOND AFFIRMATIVE DEFENSE

Plaintiffs are not entitled to maintain this action because of

their laches. Plaintiffs had knowledge of all the acts of Defend-

ants as set forth in Plaintiffs’ Complaint. Nevertheless, Plain-

tiffs refrained from prosecuting their March 10, 1992 Com-

plaint and waited until February 2, 1993 to file their Amended

Complaint. In short, Plaintiffs sought to avoid a trial on the

merits regarding the issues raised in their complaints. Plaintiffs’

delay in filing their actions was to the detriment and prejudice

of Defendants.

THIRD AFFIRMATIVE DEFENSE

Plaintiffs’ Amended Complaint seeks relief that is illegal as

a matter of constitutional law.

WHEREFORE, for the foregoing reasons, Defendants re-

spectfully pray that the Plaintiffs’ Amended Complaint be dis-

missed.

VETERANS’ CROSS-CLAIM: CITY OF BOSTON

Defendants, South Boston Allied War Veterans Council and

John J. Hurley (hereinafter referred to as the “Veterans”) by

way of cross-claim against the Defendant City of Boston (here-

inafter referred to as the “City”) say:

oleae

A20

1. On March 11, 1992, this Court enjoined the Veterans

and the City from interfering with the Plaintiff's participation

in the March 15, 1992 St. Patrick’s/Evacuation Day Parade.

2. On November 19, 1992, Richard A. Dimino, Commis-

sioner of the Boston Transportation Department, wrote a letter

to John J. Hurley invoking the “issues” that may arise regarding

“participation” in the 1993 Parade and asking if the Parade

Committee intended to conduct the 1993 Parade in a manner

consistent with the Court’s Order of March 11, 1992 concern-

ing the parade. (See Exhibit #1, attached hereto).

3. On December 2, 1992, counsel for Defendants inquired

of Commissioner Richard A. Dimino and Corporation Counsel

Albert W. Wallis if the City of Boston intended to impose its

judgment in determining who would be eligible to march with

the Veterans in the 1993 parade. (See Exhibit #2, attached

hereto).

4. On December 8, 1992, counsel for the Defendant wrote

to the City of Boston Corporation Counsel seeking a response

to his December 2, 1992 letter. (See Exhibit #3, attached

hereto).

5. On December 10, 1992, the City sought to further influ-

ence the content of the Veterans’ expression embodied in the

1993 Parade by seeking a judicial “clarification” of the Court’s

Order of March 11, 1992 as it would apply to the prospective

1993 Parade and still withheld the issuance of the 1993 Parade

permit to the Veterans.

6. On December 16, 1992, Deputy Commissioner William

J. Good, III, wrote to counsel for the Defendants invoking the

issue of “participation” and inappropriately invoking anti-dis-

crimination laws. (See Exhibit #4, attached hereto).

7. On December 23, 1993, the Boston Transportation De-

partment issued a parade permit to the Veterans, the same day

the MCAD issued a press release announcing that the MCAD

hearing officer scheduled to hear a 1992 discrimination com-

A21

plaint, was authorized to order gays and lesbians to march in

the 1993 parade.

8. The City, its affiliates, agents and servants engaged in

an extended suppression, interference with, and chilling of the

Veterans’ speech.

COUNT I

(42 U.S.C., Sec. 1983; FIRST AND

FOURTEENTH AMENDMENT TO THE U.S.

CONSTITUTION AND ARTICLES 1, 12, 16 AND 19 OF

THE MASSACHUSETTS DECLARATION OF RIGHTS)

9. The Veterans repeat, reallege, and incorporate the alle-

gations contained in paragraphs | through 8 of their Cross-

Claim as if fully set forth herein.

10. By its actions, the City, acting under color of state and

municipal law, by issuing a parade permit to the Veterans,

coupled with its court action and inappropriate invocation of

the Commonwealth’s anti-discrimination laws, has deprived,

interfered with, and chilled the speech of the Veterans, thereby

depriving the Veterans and other prospective participants of

the perspective 1993 Parade, of their rights to freedom of

speech, association, assembly, free exercise of religion and

equal protection of the laws in violation of the First and Four-

teenth Amendments of the U.S. Constitution, 42 U.S.C., Sec.

1983, and Articles 1, 12, 16, and 19 of the Massachusetts

Declaration of Rights.

COUNT II

(MASSACHUSETTS CIVIL RIGHTS ACT)

11. The Veterans repeat, reallege, and incorporate the alle-

gations contained in paragraphs | through 10 of their Cross-

Claim as if fully set forth herein.

12. The City, by its rejection and delays in issuing a parade

permit to the Veterans, coupled with its court action and inap-

A22

propriate invocation of the Commonwealth’s anti-discrimina-

tion laws, interfered with, deprived, and chilled the Veterans’

rights of freedom of speech, assembly, and association, which

rights are secured by the U.S. and the Massachusetts Constitu-

tions. Furthermore, the Veterans’ right to free exercise of

religion and equal protection were also interfered with by

means of threats, intimidation or coercion in violation of the

Massachusetts Civil Rights Act, G.L.c. 12, Secs. || Hand L.

WHEREFORE, the Veterans request that this Honorable

Court grant the following relief:

A. A preliminary and permanent injunction issue ordering

that the City of Boston not interfere with the secured Federal

and State Constitutional rights of the Veterans by attempting

to control, in any way, the content of the Veterans’ speech

embodied in future parades organized by the Veterans;

B. An award to the Veterans of the costs of this action,

damages for injuries and reasonable attorneys fees pursuant to

42 U.S.C., Sec. 1988 and M.G.L. c. 12, Secs. 11 I; and

C. Such other and further relief as this Court deems appro-

priate.

Respectfully submitted,

SOUTH BOSTON ALLIED WAR

VETERANS COUNCIL and JOHN J.

“WACKO” HURLEY,

By Their Attorney

CHESTER DARLING

306 Dartmouth Street

Boston, MA 02116

(617) 536-2050

B.B.O. #114320

Dated: April 16, 1993

TO i ais Fale ils

EVACUATION AND ST. PATRICK’S DAY PARADE

SUNDAY, MARCH 15, 1992

Coordinated by

HON. RAYMOND L. FLYNN, Mayor of Boston

Mayor’s Office of Business and Cultural Development

Rosemarie E. Sansone, Director

| and

The Allied War Veterans Council of South Boston

Starting Point of Parade, Broadway Station, South Boston

HEADQUARTERS OF CHIEF MARSHAL

P.O. Box 351

SOUTH Boston, MA 02127

268-8525

GENERAL ORDER NO. I

The following is published for the information and guidance

of troops and organizations participating in the Evacuation and

St. Patrick’s Day Parade, to be held in South Boston, Massa-

chusetts, on the afternoon of Sunday, March 15, 1992.

CHIEF MARSHAL

Thomas J. Lyons

CHIEF OF STAFF

John J. “Wacko” Hurley

A24

ADJUTANT

Gene Vaillancourt

OFFICERS OF THE DAY

Francis J. Guerriero

Joseph J. Dillon

Wendell G. Penney

TRANSPORTATION OFFICER

Bronis L. Kontrim

HONORARY CHIEF MARSHALS

HON. RAYMOND L. FLYNN Hon. JOHN J. MOAKLEY, M.C.

Hon. WILLIAM M. BULGER CHARLES A. MACGILLIVARY, C.M.H.

ALFRED W. ARCHIBALD JOHN FALES, BVA

JAMES H. WEBB MICHAEL “Mac” MCGARVEY

GEN. RICHARDNEAL, USMC _— A. RAYMOND TYE

PARADE COORDINATORS

PATRICK DILLON

EDWARD SHIFFLETT

CHIEF LIAISON OFFICER

CHARLES LENANE

MILITARY AFFAIRS COORDINATOR

MAJOR ROBERT WEINERS, USMC

- DEPUTY LIAISON OFFICERS

WAYNE FONTES JAMES RIGBY

KEVIN KELLY BETTY WALKER

SANDY SOUTHWICK DavipD SOUTHWICK

FRANK L. TABBI MIKE TOGNARELLI

ScoTT REEHM STEPHEN HAWKER

inh nm cl nl, Ai

A25

GENERAL ORDER NO. 1 — Continued

MIKE THOMPSON MIKE JOYCE

LEONARD J. WALSH, JR. JAMES J. DUFIFY

STEPHEN “MIKE” COTTER RONNY BRYAINT

FLOAT COORDINATORS

KEVIN DILLON

JOHN JOYCE

CHIEF OF PROTOCOL OFFICER

“JOCKO” ANANIAN

OFFICIAL MEDICAL STAFF

ALAN PINEDA, M.D.

Mary PINEDA, M.D.

CHIEF AIDES DE CAMP

PAUL ARCHIBALD JOHN Day

RICHARD LAINE BiLL POWERS

TOM MATERAZZO JOSEPH ALECKS

ALBERT DONNELLY

PERSONAL AIDES TO CHIEF MARSHAL

BILL KNOx GEORGE EGAN

JERRY TURNER HENRY CARROLL

JOHN KARINSKA JOE WALKER

AIDES TO CHIEF MARSHAL

PAUL MCDONOUGH

JOE MANNING

KEVIN O’ NEILL

A26

ASSISTANT CHIEFS OF STAFF

SIDNEY PENNEY EDWARD “BUTCH” REEVES

ROBERT MOAKLEY JAMES “Foxy” MARCIELLO

DEPUTY CHIEFS OF STAFF

COMMISSIONER FRANCIS M. ROACHE, B.P.D.

SUPERINTENDENT-IN-CHIEF WILLIAM BRATTON, B.P.D.

SUPERINTENDENT THOMAS P. MALONEY, B.P.D.

SUPERINTENDENT PAUL EVANS, B.P.D.

DEPUTY SUPERINTENDENT PAUL BANKOWSKI, B.P.D.

DEPUTY SUPERINTENDENT BoB FAHERTY, B.P.D.

CAPTAIN TOM CROWLEY, B.P.D.

CAPTAIN CHARLES McCartny, M.D.C.

COMMISSIONER MARTIN PIERCE, JR., B.F.D.

CHIEF JOHN R. DONOVAN, MBTA P.D.

HONORARY ASSISTANT CHIEFS OF STAFF

DEPARTMENT COMMANDER, V.F.W., WILLIAM J. MADERA

DEPARTMENT COMMANDER, A.L., JOSEPH D. CRIMMONS

DEPARTMENT COMMANDER, D.A.V., JAMES TANNER

HONORARY OFFICERS OF THE DAY

DEPARTMENT ADJUTANT, V.F.W., GORDON CROSBY

DEPARTMENT ADJUTANT, A.L., DOMINIC GINNETTI

DEPARTMENT ADJUTANT, D.A.V., JOSEPH R. HAROLD

HONORARY TRANSPORTATION OFFICERS

JOHN E. Powers, JR. JOHN HALEY, Jr.

DEREK BOYLE JOE AIELLO

CAROLYN WYLDER

PUBLIC RELATIONS OFFICERS

PETER GELZINIS WALTER M. CLARK

BRIAN WALLACE BoB MONAHAN

eae.

A27

PARADE CHAPLAIN

Rt. REV. JOHN R. MCNAMARA, REAR ADMIRAL, USN, RET.

ASSISTANT PARADE CHAPLAINS

Rev. AIDIAN DuFFy, LT. CoL., U.S. Army, RET.

REV. THOMAS MCDONALD REV. RICHARD CANNON

REV. GILBERT PHINN REV. MICHAEL STEBLE

REV. ALFRED PUCCINI REV. JOHN DOOHER

REV. THOMAS J. REILLY REV. MICHAEL DOYLE

REV. JOHN SULLIVAN

CITY HALL LIAISONS

ANN THERESA DWYER

JOHN O’SULLIVAN

JOSEPH FISHER

DOMENIC D’ AMBROSIO

COMMANDER, ALLIED WAR VETERANS COUNCIL

OF SOUTH BOSTON

ELEANOR TOBIN HULAK

PAST COMMANDERS,

ALLIED WAR VETERANS COUNCIL OF SOUTH BOSTON

ALBERT J. F. Forp

ROBERT CROWLEY

JOHN T. TYNAN

THOMAS J. FARLEY

JOSEPH W. WALKER

J. HENRY BOCH

WALTER K. EUGLEY

CHARLES B. PECK

WALTER J. DWYER

BERNARDN. PANAJIA

JOHN F. DONOVAN

JOHN J. HURLEY

WALTER M. CLARK

GEORGE F. KING

PATRICK F. SHEEHAN

ERNEST MAESTRANZ!

JOHN J. CASSELL

GILBERT HOOPER

VINCENT A. MCCARTHY

Louis A. BAZZINOTTI

J. PAULIVERS

JOHN H. NEAS, JR.

ROBERT J. GIFFORD

JOHN KARINSKA

RICHARD MCDONALD

JOHN J. MALONEY

1948

1950

1952

*1954

*1956

i958

*1960

1962

1964

*1966

*1968

1970

*1972

*1974

*1976

1978

1980

1982

1984

A28

FRED A. MARINI

BETTY WALKER

FRANCIS GUERRIERO

THOMAS J. LYONS

MICHAEL J. COYNE

CHARLES SEYMOUR

EDMUND L. KETVIRTIS

David J. BREADMORE

JOSEPH C. LEE

DONALD R. CLORAN

ROBERT JOYCE

JOHN ZEBRIS

JOSEPH L. DILLON

PAUL L. ROGERS

MICHAEL J. LINEHAN

HAROLD EPSTIN

JOHN J. MCSWEENEY

JOSEPH ALECKS

EDWARD CONNOLLY

ARNOLD E. MCGEE

BRONIS L. KONTRIM

ALBERT G. PROSSER

THOMAS P. BEGGAN

PAST CHIEF MARSHALS

ALLIED WAR VETERANS COUNCIL

CHARLES A. MACGILLIVARY

JOHN T. TYNAN

CARMINE PRIOLI

PATRICK F. SHEEHAN

JUDGE JOSEPH F. FEENEY

JOHN MCSWEENEY

JOHN J. MCDONOUGH

EDMUND L.. KETVIRTIS

JOHN J. “WACKO” HURLEY

WILLIAM J. CASEY

EDWARD C. CONNOLLY

BRONIS L. KONTRIM

PAUL L. ROGERS

BERNARDN. PANAJIA

ARNOLD E. MCGEE

JOHN KARINSKA

THOMAS P. BEGGAN

FRED A. MARINI

DONALD R. CLORAN

1949

*1951

* 1953

1955

*1957

* 1959

1961

1963

* 1965

1967

1969

*1971

1973

“1910

197,

1979

1981

* 1983

1985

JOSEPH REARDON

MICHAEL J. COYNE

HAROLD EPSTIN

JOSEPH ALECKS

JOHN CASSELL -

J. HENRY BOCH

ALFRED T. DUNCAN

JOSEPH W. WALKER

CHARLES B. PECK

Davipb J. BREADMORE

WALTER M. CLARK

WALTER J. DWYER

JOHN H. NEAS, JR.

ROBERT J. GIFFORD

JOHN F. DONOVAN

JOSEPH C. LEE

ELIZABETH WALKER

GEORGE (SPOT) RYAN

ROBERT E. JOYCE

A29

1986 JOSEPH L. DILLON 1987 ALBERT G. PROSSER

1988 FRANK J. GUERRIERO 1989 WENDELLG. PENNEY

1991 MICHAEL F. FLAHERTY

* DECEASED

POST COMMANDERS

ALLIED WAR VETERANS COUNCIL OF SOUTH BOSTON

THOMAS J. FITZGERALD Post 561, V.F.W., THOMAS C. MARTIN

THADDEUS KOsciuszKO Post 2091, V.F.W., HENRY ZABLOCKI

SOUTH BOosTON Post 6536, V.F.W., Davip P. BRODERICK

MICHAEL J. PERKINS Post 67, A.L., GENE VAILLANCOURT

STEPHEN J. Darius Post 317, A.L., JOHN KARINSKA

MARTIN F. MCDONOUGH Post 368, A.L., EDWARD SLOANE

PAUL J. SAUNDERS Post 383, A.L., THOMAS GAVAGHAN

SOUTH BOSTON MEMORIAL CHAPTER 22, D.A.V., FRANK DALY

HONORARY JUDGE ADVOCATES

) Hon. JOHN MCGONIGLE Hon. PAUL GANNON

| HON. JAMES KELLY Hon. Jim BRETT

HON. ALBERT “DAPPER” O’NEIL HON. ROBERT RUFO

AD BOOK CHAIRMAN

JOSEPH MANNING

BANQUET CHAIRMAN

ALBERT PROSSER

RADIO COMMUNICATION

METRO Motorist REACT TEAM

| I would like to thank all the residents and merchants, who, through their

support, made this parade possible. To them we are grateful. A special tip

N ' of the hat to Councillor Jim Kelly who set up several meetings with the

BPD, MDC PD, MBTA PD, and interested and sincere South Boston people

;

’

[

A30

who took the time to insure a celebration with pride. Also to station WROL

who helped raise money from their listening audience of the “IRISH ©

HOUR”. A special thanks to Domenic D’ Ambrosio of Business and Cultural

Development Department, City of Boston, for months of dedicated service

to the parade. Without his efforts we could not have the parade we have

today. The entire effort and support of Mayor Ray Flynn has been the very —

best that we, in the Allied War Veterans Council, have ever had and we ©

salute him on behalf of all veterans.

GENE VAILLANCOURT,

Parade Adjudant

STAFF

Brian Wallace Brian Miller John Higgins

Dave Mann Jack Donahue John Mahoney

Frank Daly Robert J. Keough Carol Hrozenchik

Tommy Butler Thomas F.Gavaghan _ Francis X. O’Brien

John Sullivan Leo Comeau Howard Resnick

Billy Driscoll Kevin Dillon Debbie Mahoney |

John J. Hurley, Jr. Steve Barlow Robert Jenkins :

Gene Vaillincourt Patrick J. Loftus II Kerry Leydon .

Tom Delaney “Doc” Savage Lisa Martin )

Michael McDonough Michael P. Hurley Susan Slattery

Joe McDavitt Mark A. Chace Ellen Spring ;

Ruth Bolger Raymond Fuschetti Ginnie St. Cyr |

Paul Walkowski Jack Dalziel Marie Mucci O’Shea

Tom McCauley Ed “Butch” Reeves Buddy Mangini

Bill Delaney John Begley Shira Goldman

Patrick Hurley Edward Cloherty Mike Testa

Bob Silvey Tom Walsh Patti Sartori

Tom O'Connell Donald A. Gillis Willie Horan

Lennie Hardy Marty Barry — Joe Hogan

Harvey Allen Jim O'Leary Trish Flaherty

A31

IN MEMORIAM

THOMAS J. LYONS, SR. JOHN G. CALLNAN DET. THOMAS GILL, B.P.D.

Lr. PAUL LENTINI, B.F.D.STANLEY GREELEY JOHN CALLA

JiMMY NEE STEPHEN JOYCE KENNETH NORTON

JEREMIAH HuRLyY, B.P.D. ROBERT NOONAN WALTER J. DWYER

MARYANN SHANNON MARIE MCDONOUGH EDQUINLAN

PARADE FORMATION

} ORGANIZATION OF UNITS

STAFF AND MILITARY DIVISION

(Assembly on West 2nd Street)

Boston Fire Department Vehicles

Boston EMS Vehicles

Mounted Detail, Boston Police Department

Mounted Detail, Boston Parks Department

U.S. Marine Corps Color Guard

Chief Marshal, Thomas J. Lyons

* U.S. Marine Corps Band, Albany Georgia

Chief of Staff, John J. “Wacko” Hurley

Parade Adjutant, Gene Vaillancourt

Officers of the Day:

Frank Guerriero

Joseph L. Dillon

Wendell G. Penney

Chae a alt aan Bad RATS tn ea

A32

¢ United States Army, 18th Army Band and Color Guard, Fort

Devens, MA

Boston Fire Department Color Guard

Boston Police Department Color Guard

Honorable Raymond L. Flynn, Mayor of Boston

with U.S. military leaders: |

Major General Wayne F. Wagner; General Richard Neal, USMC; 1

Rear Admiral Peter H. Cressy, USN; General John White, USAF

Read Admiral Joel Sipes, USCG |

* Joseph Hill Post, A.L., #156, Sponsored by MayorRaymondL. Flynn |

Parade Chaplain, Rt. Rev. John R. McNamara, USN, Ret. :

George L. Street, USN, Ret. , Congressional Medal of Honor

Thomas J. Hudner, USN, Ret., Congressional Medal of Honor

Hon. John J. Moakley, M.C.

* Troy High School Marching Band, Troy, NY

Sponsored by Congressman John J. Moakley

McDonough Post, American Legion, Post #368 Color Guard

Commander Eleanor Tobin Hulak, Allied War Veterans Council

Past Commanders, Allied War Veterans Council and Staff

102nd FIN, Army National Guard

¢ 26th Yankee Division Band, Massachusetts National Guard

101st Infantry, Massachusetts National Guard

South Boston Vietnam Memorial Float

U.S.S. Constitution Color Guard and Pikemen

U.S. Navy Color Guard

U.S. Navy Troops, U.S.S. Leyte Gulf

U.S. Air Force Color Guard

U.S. Coast Guard Color Guard

* Massachusetts Maritime Academy Regimental Band and Honor Guard

U.S. Marines, South Weymouth

Boston University, Marine and Navy R.O.T.C.

West Roxbury High School Naval J.R.O.T.C.

Charlestown High School Air Force J.R.O.T.C.

Fort Devens M-68 Tanks and Military Vebicles

U.S. 25th Marines Marching Brigade

BEST AVAILABLE COPY

A33

FIRST DIVISION

(Assembly inside Gillette Company parking lot

Floats line-up on Dorchester Avenue)

* Colonial Boys of Norwood

y Sponsored by Senate President William M. Bulger

Patriot Missile, Raytheon Corporation

South Boston Against Drugs Float

* Marshfield High School Band

Sponsored by City Councillor Jimmy Kelly

Hallamore Clydesdale Horses, Holbrook, MA

South Boston Neighborhood House Senior Citizen Trolley Float

Marion Manor Seniors Float

98.5 Mix FM Radio, WBMX Van

} * Westborough High School Marching Band

Sponsored by State Representative Paul Gannon

Leukemia Society Car with City Councillor Albert “Dapper” O’ Neil

POW/MIA Float, Flag and Marchers

) Vietnam Era Veterans, Somerville

New England Shelter for Homeless Veterans Color Guard

* Colonial Bagpipe Band

Rosaria Salerno, Boston City Councillor

EDIC Balloon Float

South Boston Baptist Bible Trolley Float

South Boston Little League

* Central Academy Marching, Band, Springfield

Sponsored by Castle Island Association —

Irish Malden Leprechaun Float

Princemen Singing Group Float

Sponsored by

Allied War Veterans Council of South Boston

Starting point of Parade, Broadway Station, South Boston

Headquarters, Chief Marshal

P.O. Box 351

South Boston, MA 02127

General Order No. 1

The following is published for the information and guidance

of troops and organizations participating in the Evacuation

Day and St. Patrick’s Day Parade to be held in South Boston,

Massachusetts, on the afternoon of Sunday, March 14, 1993,

at 1300 hours.

Chief Marshal

Eleanor Tobin-Hulak

Chief of Staff

Patrick Dillon

Adjutant

John J. “WACKO” Hurley

Assistant Adjutant

Frank “Chuck” Mayo

Officers of the Day

Francis J. Guerriero

Joseph J. Dillon

Wendell G. Penney

A39

Transportation

Stephen Hawker

Honorary Chief Marshals

Hon. Raymond L. Flynn Hon. John J. Moakley, M.C.

Hon. William M. Bulger Charles A. MacGillivary,C.M.H.

Dr. William Reid John Doran, B.P.D. (Ret.)

Councillor James Kelly

Parade Co-Ordinator

Edward Shifflett

Military Co-Ordinator

Michael D. Hurley

Deputy Liaison Officers

Sandy Southwich James Rigby

Frank L. Tabbi Betty Walker

Scott Rehm David Southwich

Mike Tognarelli Mike Thompson

Mike Joyce James J. Duffy

Stephen “Mike” Cotter Ronny Bryant

Float Co-Ordinators

Kevin Dillon

John Joyce

Chief Protocol Officers

“Jocko” Ananaian

Honorary Chief of Staff

Michael Hulak

Thomas Hulak

Chief Aides-de-Camp

Paul Archibald John Day

Richard Laine Bill Powers

Tom Materazzo Joseph Alecks

Al Donnelly Jack Forbush

A40

Personal Aides to Chief Marshal

Michael Donovan |

Patricia Hulak |

Sis Joyce

Aides to Chief Marshal

Albert Lewandoski

Kevin O'Neill

Assistant Chiefs of Staff

Robert Moakley

Edward “Butch” Reeves

Derek Boyle

Deputy Chiefs of Staff

Commissioner Francis M. Roache, B.P.D.

Superintendent Paul Evans, B.P.D.

Deputy Superintendent, Paul Bankowski, B.P.D.

Deputy Superintendent, Bob Faherty, B.P.D.

Captain Tom Crowley, B.P.D.

Captain Charles McCarthy, State Police

Commissioner Martin Pierce, B.F.D.

Chief John O’Donovan, MBTA P.D.

Honorary Officers of the Day

Department Commander, V.F.W., Walter Gansenverg

Department Commander, A.L. Nick D’ Alessandro

Department Commander, D.A.V. Frank J. Drogo

Public Relations Officers

Dan Horgan Walter M. Clark

John Ciccone Eddy Rogers

Alice O’ Leary

Parade Chaplain

Reverend John P. Culloty

A4l

Assistant Parade Chaplains

Rev. Aidian Duffy, Lt. Col. Rev. Thomas McDonnell

Rev. Gilbert Phinn Rev. Thomas J. Reilly

Rev. Richard Cannon Rev. Michael Steele

Rev. John Dooher Rev. John Sullivan

Rev. Michael Doyle

Honorary Transportations Officer

Bronis L. Kontrim

Past Chief Marshals

Allied War Veterans Councili

1948 CHARLES A. MACGILLIVARY 1949 JOSEPH REARDON

1950 JOHN T. TYNAN *1951 MICHAEL J. CoyNE

1952 CARMINE PRIOLI * 1953 HAROLD EPsTIN

*1954 PaTRICK F. SHEEHAN 1955 JosEPH ALECKS

*1956 JUDGE JOSEPH F. FEENEY *1957 JOHN CASSELL

1958 JOHN MCSWEENEY *1959 J. HENRY BOCH

*1960 JOHN J. MCDONOUGH 1961 ALFRED T. DUNCAN

1962 EDMUNDL. KETVIRTIS 1963 JosEPH W. WALKER

1964 JOHN J. “Wacko” HuRLEY *1965 CHARLES B. PECK

*1966 WILLIAM J. Casey 1967 Davip J. BREADMORE

*1968 EpwarpC. CONNOLLY 1969 WALTER M. CLARK

1970 Bronis L. KONTRIM *1971 WaALTERJ. Dwyer

*1972 PAULL. ROGERS 1973 JOHN H. NEas, Jr.

*1974 BERNARDN. PANAJIA *1975 ROBERT J. GIFFORD

*1976 ARNOLDE. MCGEE 1977 JOHN F. DONOVAN

1978 JOHN KARINSKA 1979 JOSEPH C. LEE

1980 THomas P. BEGGAN 1981 ELIZABETH WALKER

1982 FREDA. MARINI *1983 GEORGE (SPOT) RYAN

1984 DONALDR. CLORAN 1985 RoBErRTE. Joyce

1986 JosEPH L. DILLON 1987 ALBERT G. PROSSER

1988 FRANK J. GUERRIERO 1989 WENDELLG. PENNEY

1991 MICHAEL F. FLAHERTY

* DECEASED

A42

Commander, Allied War Veterans Council of South Boston

Francis Daly

Past Commanders

Allied War Veterans Council of South Boston

* Albert J. F. Ford

Robert Crowley

John T. Tynan

Thomas J. Farley

Joseph W. Walker

* J. Henry Boch

Walter K. Eugley

* Charles B. Peck

* Walter J. Dwyer

* Bernard N. Panajia

John F. Donovan

John J. “Wacko” Hurley

Walter M. Clark

Fred A. Marini

Betty Walker

Francis Guerriero

Thomas Lyons

* Harold Epstin

John J. McSweeney

Joseph Alecks

* Edward Connolly

* Arnold E. McGee

Bronis L. Kontrim

Albert G. Prosser

Thomas P. Beggan

* George F. King

* Patrick F. Sheehan

* Ernest Maestranzi

* John J. Cassell

* Gilbert Hooper

Vincent A. McCarthy

Louis A. Bazzinotti

* J. Paul Ivers

John H. Neas, Jr.

* Robert J. Gifford

John Karinska

Richard McDonald

* John J. Maloney

Joseph L. Dillon

* Paul L. Rogers

Michael J. Lineuan

Eleanor T. Hulak

* Michael J. Coyne

* Charles Seymour

Edmund L. Ketvirtis

David J. Breadmore

Joseph C. Lee

Donald R. Cloran

Robert Joyce

John Zebris

A to AN Wa AI ACMI 6 Btn NSN plat

A43

Allied War Veterans Council of South Boston

Commanders

Thomas J. Fitzgerald, VFW, Thomas Martin

Thaddeus Kosciuszko Post 2091, Henry Zablocki

South Boston Post 6536, VFW, William Jones

Stephen Darius Post 317, A.L. John Karinska

Martin F. McDonough Post 368, A.L. Robert “TOP” Gooch

Paul J. Saunders Post 383, A.L. Patrick Dillon

South Boston Memorial Chapter 22, D.A.V., Ted Gavaghan

Honorary Judge Advocates

Honorable James Brett Honorable Paul Gannon

Honorable Robert Rufo Honorable Albert “Dapper” O’ Neil

Chester Darling John E. Powers

John E. Powers, Jr. John E. Powers, III

Ad Book Chairman

Leo Comeau

Banquet Chairman

Joseph “Jay” Lee

Radio Communications

Metro Motorist React Team

I would like to thank all the residents and merchants, who,

through their support, made this parade possible. To them we are

grateful. A special tip of the hat to Councillor Jim Kelly who set

up several meetings with the BPD, State Police PD, MBTA PD,

and interested and sincere South Boston people who took the time

to insure a celebration with pride. Also to station WROL who

helped raise money from their listening audience of the “IRISH

HOUR”.

Add

Harvey Allen Carol Hrozenchik Jon O’Connor

Helen Allix Michael Hulak Bernie O’ Donnell

Marty Barry Kara Hulak Jim O’ Leary

John Begley Paul Hulak Howard Resnick

Ruth Bolger Michael P. Hurley Eddy Rogers

Tommy Butler Patrick Hurley “DOC” Savage

Jack Dalziel John J. Hurley, Jr. Bob Silvey

Tom Delaney John Mahoney Barbara Smith

Bill Delaney Lisa Martin B.Z. Sullivan

Jack Donohue Tom McCauley Sharon Sweeney

Billy Driscoll Joe McDavitt Lori Tornovich

Ted Gavaghan Michael McDonough Carolyn Tutein

John Higgins Brian Miller Paul Walkowski

Willie Horan Tom Walsh

In Memoriam

Charles Stokinger, B.F.D. — Thomas Rose, B.P.D.

PARADE INFORMATION

Staff & Military Division

(Assembly on West Second Street)

Boston Fire Department Vehicles

Boston EMS Vehicles

Mounted Detail, Boston Police Department

Mounted Detail, Boston Parks Department

McDonough Post Color Guard

* United States Navy Band-Newport, Rhode Island

Chief Marshal, Eleanor Tobin-Hulak

Chief of Staff, Patrick Dillon

Parade Adjutant, John J. ““WACKO” Hurley

Assistant Parade Adjutant, Francis “Chuck’’ Mayo

Officers of the Day: Frank Guerrieo, Joseph L. Dillon, Wendell

G. Penney

South Boston Allied War Veterans Staff

he a

i th

A45

Chief Marshals Family

Joseph Hill Post, A.L. #156 - Sponsored by Mayor Raymond L.

Flynn

United States Army Color Guard

United States Marine Color Guard

U.S.C. Constitution Color Guard and Pikemen

United States Naval Sea Cadets, Boston Division

United States Air Force Honor Guard and Color Guard,

Hanscom, Mass.

102nd Fighter Wing, Air National Guard Color and Honor

Guard - Otis Air National Guard Base

United States Air Force Mini-Jet

Charlestown High School Air Force Jr. R.O.T.C.

United States Coast Guard Color

* United States Coast Guard Band - New London, Connecticut

* Massachusetts Maritime Academy Regimental Band and Honor

Guard

Parade Chaplain, Reverend John Culloty

Thomas J. Hudner, USN, Ret. Congressional Medal of Honor

* Troy High School Marching Band, Troy, New York - Sponsored

by Congressman John J. Moakley

South Boston Ancient Order of Hibernians

~ St. Joseph’s Bag Pipe Band, County Down, Ireland - Sponsored

by Senator William M. Bulger

~ Colonial Boys of Norwood - Sponsored by Councillor Jimmy Kelly

- Boston Police Drum & Bagpipes - Sponsored by T-CATALYST

New York Police Department

Cambridge Police Color Guard

South Boston Against Drugs Float - Sponsored by SOBAD

Korean War Veterans

* Westbrook Connecticut Fife & Drum Corps - Sponsored by the

Abbey Tavern

National Park Service Rangers

MIA Flag

A46

FIRST DIVISION

Boston Fire Department Color Guard

Boston Fire Department Bagpipers - Sponsored by MASSPORT

Firefighters, Dublin, Ireland

South Boston Citizens Association, Bernie O’ Donnell, President

Miss South Boston, Miss Ice-O-Rama, Miss J. lce-O-Rama

Marshfield High School Band - Sponsored by Mt. Washington Bank

All Veterans Units

Hallamore Clydesdale Horses

Princemen Chorus (FLOAT) - Sponsored by Budweiser

Marion Manor’s FLOAT

Malden Irish Leprechaun FLOAT

Acton-Boxborough High School Band - Sponsored by Representa-

tive Paul Gannon

South Boston Baptist Bible FLOAT

South Boston Youth Sports Teams, Cub Scouts, etc. . .

Suffolk County Sheriff's Department and Vehicles - Sponsored by

Sheriff Robert Rufo

MBTA Color Guard with McGruff Crime Dog

Springfield High School Band - Sponsored by the Castle Island

Association

Richard Iannella - Candidate for City Council

South Boston Neighborhood House & Seniors Trolley

WSSH Radio - MiniVan

CABLEVISION Cartoon Characters

Woburn High School Band - Sponsored by PEPSI

Peggy Davis-Mullen - Candidate for City Council

Boston Public School Nurses

Leukemia Society - Norfolk Sheriffs Dept.

WCGY Radio and Contest Winners

A47

SECOND DIVISION

* Nashua, New Hampshire Marching Band - Sponsored by South

Boston Savings Bank

Reading Youth Baton Squad

* Lexington Minutemen - Sponsored by Schuberts

* North Attleboro High School Band - Sponsored by Hub Video

Salem, New Hampshire Joeys, Clowns

* Attleboro High School Band - Sponsored by The adios Pub

South Boston Yacht Club FLOAT - /25th Anniversary

Franny D’s Music Co. FLOAT - D.J. Frank Moynihan

Collins Auto

* Immaculate Heart of Mary Band

Massachusetts Citizens for Life

THIRD DIVISION

* Whitman-Hanson High School Band

Class Act Baton Group

The Wheelmen Antique Bicycles, Charlton, Massachusetts

Bicycle for Five

* Colonial Band of Lawrence

* 10th Mass. Volunteers (Civil War w/Music)

Curtin Post #8006

9th Mass. Volunteers (Civil War w/Guns)

* Middlesex 4-H Club, Fife & Drums

Colonel Knox Colonial Militia

Nathanial Warner Colonial Militia

Massachusetts Water Pollution

Irish Curragh Rowing Boat FLOAT

* Boston City Marching Band

Cycling Murrays

* Lincoln High School Band, Warwick, Rhode Island

A48

GENERAL ORDERS

The parade will start promptly at 12:45 p.mM., and proceed

up West Broadway at 1:00 p.m. The Chief Marshal and Staff

Band will report to the Parade Coordinator at this site no later

than 12:15 P.M.

The various commands will report to points designated to

their respective positions. Reporting to Parade Coordinators.

The Mayor and his guests will review the parade from the

stand on Broadway, between G and H Streets. The Gold Star

Mothers will review the parade from the stand at Dorchester

Street beyond Old Colony Avenue.

All Divisions will form on Dorchester Avenue and Gillette

Parking Lot, behind the Staff.

All Floats will form on Dorchester Avenue, near MBTA

Station.

ROUTE OF PARADE

Parade starts at 12:45 p.M., proceeds up West Broadway, to

East Broadway, to P Street, up P Street to East Fourth Street,

to K Street, up K Street to East Fifth Street, to I Street, up I

Street to East Fourth Street, to G Street, to Thomas Park, to

Telegraph Street, to Dorchester Street, to Andrew Square, point

of dismissal.

Uniforms as prescribed by Organization Commanders. Rate

of march 120 steps per minute. Liaison Officers and Parade

Coordinators are instructed not to permit too wide a gap between

organizations: 50 (fifty) yards distance is the maximum.

By order of

OFFICIAL Eleanor Tobin Hulak, Chief Marshal

John J. “Wacko” Hurley

Parade Adjutant.

These orders SUBJECT TO CHANGE as conditions warrant.

Special thanks to BNN Access Cable for their cooperation

in televising this event.

SAY “NO” TO DRUGS, AND WE ALL PRAY

FOR FAMILY VALUES.

A49

EXHIBIT B

CHESTER DARLING

Attorney and Counsellor at Law

306 DARTMOUTH STREET

AT COMMONWEALTH AVENUE

BOSTON, MASSACHUSETTS 02116 .

(617) 536-2050

January 14, 1993

VIA TELEFAX AND U.S. MAIL

Mary L. Bonauto, Esquire

GLAD

Park Square Advocates, Inc.

P.O. Box 218

Boston, MA 02112

Re: 1993 St. Patrick’s/Evacuation Day Parade

Dear Attorney Bonauto:

This letter is in response to your letter of January 12, 1993.

My client will not permit “GLIB” to march in this year’s

parade.

The vote that was recently taken by my client to not permit

any group with any sexual themes to march was merely a

formalization of the fact that my client has a traditional parade

expressing its religious and social values.

Thank you for your attention to this matter.

Very truly yours,

Chester Darling

CD/cm

ASO

UNITED STATES OF AMERICA

Invisible Empire

Knights of The Ku Klux Klan

INTERNATIONAL OFFICES

Box 700

Gulf, N.C. 27256

IMPERIAL WIZARD

J. W. FARRANDS

From the desk of

Kleagle of the Realm of Massachusetts Invisible Empire

Knights of the Ku Klux Klan.

January 09, 1993

Mr. Wacko Hurley, et al.

The Organizers of the Private St. Patrick's Event.

Dear Sirs;

Please! I am asking you humbly on behalf of the Invisible

Empire to take part in marching in the Parade. We feel that

if other groups can be allowed then we should be also. South

Boston is the finest community in Massachusetts and it is the

most beautiful, especially it’s peopte.

The permission, if you will give it, can be related through

the media and the Minuteman Klavern will contact you as well

as hear your conditions.

Sincerely and with

my thanks, Kleagle

of Mass.

ASI

GLIB Fact Sheet

1. Why we are marching... .

* We are marching to celebrate our Irish heritage as openly gay,

lesbian, and bisexual individuals.

* We are marching to support our sisters and brothers in ILGO

in New York City.

* We are marching to remind people that there are 5 Mendon,

gays, and bisexuals within all demographic areas, including

people of Irish heritage.

2. Who likes us... .

ILGO has endorsed GLIB’s participation in the St. Patrick’s

Day Parade.

GLIB sought and received endorsement from the Greater Bos-

ton Lesbian and Gay Political Alliance.

3. Why did GLIB sign an agreement with the police?

From the first meeting, GLIB has defined itself as a moderate

group; its focus is the celebration of the Irish heritage of the

bisexuals, lesbians and gays of Boston. The agreement signed

by GLIB, contrary to what the media coverage suggested, was

only a restatement of ideas and cooperative measures that

GLIB had previously agreed to in meetings with parade offi-

cials, mayoral staff, and police. All members of GLIB whole-

heartedly approved the items in the agreement. The idea to

write down an agreement that could leave no room for misrep-

resentation was specifically designed to defuse the Allied War

Veteran’s Council statement that safety issues should prevent

us from marching. There is some debate as to whether it was

a Capitulation that discredits the gay community; we felt that

we had much to gain and relatively little to lose by continuing

to try to deal with the issue as reasonable people-and avoid

strongarm tactics (like the lawsuits).

A5S2

4. Why agree to allow only 25 people to march?

We are bound to a limit of 25 people because this is the number

of people we specified on our parade permit application.

Back in February we worried that we wouldn’t be able to

convince 15 people to march!!

Now, of course, there is substantial interest in the gay commu-

nity in supporting gays’ efforts to march. We are committed

to providing approximately 50% of the marching slots to the

general gay community. We will hold a meeting on Friday,

March 13, at the Gay & Lesbian Community Center, for all

people interested in marching, and will hold some type of

lottery if many people express interest.

5. Why can’t other gays just join in the march to show support?

There are two reasons we want to discourage individuals from

attempting to join GLIB marchers: safety issues, and issues

relating to the goals of GLIB.

The safety of all participants and observers is the primary

concern of GLIB. Our presence in the parade is obviously

very provocative for some people, but we have never intended

to have an “in your face” -type march. A large, angry, group

of gays marching would be very intimidating and likely, in

turn, to produce an angry response from the crowd. This is a

situation we want to avoid.

In addition, GLIB’s goals in participating in the parade are to

celebrate the Irish heritage of gays, lesbians, and bisexuals

within the context of the parade. We are committed to observ-

ing the spirit of the day, which includes observing the focus

of the parade, which is to celebrate being Irish, and have a

good time. Although there are obviously many political ramifi-

cations to our participation, our primary goal is to march under

our own banner, not to be a provocative political distraction.

" ‘ 4 hiheds tirade ’ rvs

/ i ee a * boi Spel eri’ gal Py .

Pg Ne aes: pallet the TR OLS db Ke ot

A5S3

6. What are the safety issues?

We have been working with the police consistently to address

safety issues. Police will provide special services for marchers

and supporters, including escorting marchers to and from the

parade, and marching with GLIB members.

We encourage people who are planning on commg to the

parade to:

* Avoid alcohol.

* Be realistic about the parade atmosphere. This is NOT Gay

Pride. Wearing drag or other colorful clothing may make you,

your friends, and marchers potential targets for bashings.

* Prepare yourself for the possibility that you will encounter a

homophobic person who has had too much to drink.

* There is safety in numbers. Come to the parade with friends.

7. What's happening .. .

We are marching! If the council rescinds its rejection, we will

march. If the council votes again to exclude us, we will pursue

our first amendment rights, go to court, almost certainly we

will win an injunction permitting us to march, and we will

march.

There are two legal tacks we can take if we need to go to

court: the first is to petition for our right under the first amend-

ment to march in a public parade. The second tack is to protect

ourselves as gays and lesbians from discrimination in public

accommodations under the gay rights legislation.

8. What people can do to help...

We have many areas that people can help with: we are having

fundraisers at Bobby’s all next weekend, we have many activi-

AS4

ties to coordinate, we have a need for people to help with

security activities. Let us know you’re intcrested!

And, of course, we desperately want and need people to come

to the parade to provide moral and VOCAL support! Please

come and cheer us on!

A55

GLIB

Irish-American

Gay, Lesbian and

Bisexual

Pride Committee

of Boston

GLIB

% O.C.B.C.

1151 MASS AVE.

CAMBRIDGE, MA 02138

HOTLINE: (617) 695-8051

AS6

HISTORY

GLIB was formed in early January 1992 by a group of Irish-

American women with the purpose of creating a social group

for gay men, lesbians and bisexuals of Irish descent, represent-

ing the broad spectrum of our community. The group selected

the Evacuation Day Parade (Boston’s St. Patrick’s Day Parade)

as a Starting point. On the original registration we stated there

would be 25 marchers and were later held to this number by

the judge.

Despite initial cooperation from the Grand Marshal, the group’s

application to march was rejected by the governing board of

the parade, the Allied War Veterans’ Council of South Boston.

The reason given was that of safety - the board claimed GLIB

would not guarantee the “good” behavior of its members and

thus would be a safety problem. In response, GLIB filed with

the police a written copy of the verbal agreement it had already

made to members of the police and the media, thereby alleviat-

ing any supposed safety concerns. Nonetheless, the Council

decided to stand by its original rejection.

GLIB filed suit against the city and the parade organizers; as

a city funded and supported event, it could not discriminate

on the basis of sexual orientation. The Civil Liberties Union

of Massachusetts, Gay and Lesbian Advocates and Defenders

and others argued for us. GLIB had its day in court, we won,

and the rest is history. Rather than challenge the verdict with

an appeal the parade organizers relented.

On March 15, 1992, GLIB took its place in the Irish-American

community in the greater Boston area and was the first Irish-

American Gay, Lesbian, and Bisexual group to march in the

Boston St. Patrick’s Day Parade.

A57

GOALS

Celebrate our Irish heritage as openly gay, lesbian and bisexual

individuals.

Remind people that there are lesbians, gay men and bisexuals

within all demographic groups, including people of Irish heri-

tage. ,

Form coalitions with other regional, national, and international

gay, lesbian and bisexual organizations such as ILGO.

ACTIVITIES

* Participation in various Pride marches through the Northeast.

* Sponsor fundraisers for gay, lesbian, and bisexual relevant

causes here and in Ireland, i.e., AIDS services, women’s

health issues, etc.

* Social events such as brunches, bowling league.

¢ Archival research of the 3/15/92 march, including press clip-

pings and video pieces, and creation of a documentary.

¢ Publishing a regular newsletter.

* Celebrating our cultural heritage.

¢ Whatever else our clever Celtic imaginations conjure!

GROUP AVAILABILITY

GLIB is open to all gay men, lesbians, and bisexuals of Irish

descent and others interested in Irish and Irish-American issues.

A58

SEND THIS IN FOR

MORE INFORMATION

NAME-_

ADDRESS

PHONE #

DISCRETION? yes

I would be interested in:

Membership Information

T shirt(s) $12 each

Size: M L XL.

Button(s) $3 each

Newsletter

Making a donation

(make checks payable to GLIB)

Making an in-kind donation

(raffle items, services, etc.)

Establishing a chapter organization

SAaap BN SRSN INN Ys Samet eR BRE ORE NI OE

GLIB

% O.C.B.C.

A59

Thanks to everyone for

the past, present and

future support of

our organization.

May you always have

the luck of the Irish!

1151 MASS. AVE.

CAMBRIDGE, MA 02138

~o-

CITY OF BOSTON

EVACUATION DAY PARADE

SOUTH BOSTON, MASSACHUSETTS

SUNDAY, MARCH 15, 1992

CHIEF MARSHAL — THOMAS J. LYONS

PARADE ADJUTANT — GENE VALLIANCOURT

POST OFFICE BOX 351

SOUTH BOSTON, MA 02127

Telephone: (617) 268-8525 — 269-5017

PARADE REGISTRATION FORM

Name of Unit __ Irish-American Gay, Lesbian, and Bisexua] Group of Boston

(G.L.I.B.)

Manager or Official to Whom Correspondence Should Be Sent:

Name: __ B.S. Kay

Address __% The Center, 338 Newbury St., Boston 02116

Telephone: __ 695-8051 Area Code: 617

We will J Will not Participate

Number of Persons in Unit 25

Type of Unit:

Bans Military Unit

Drum & Bugle Veterans Group

Drill Team Scout Troop

Color Guard Civic Organization

Float Other Social Club

REMARKS: _ Dear Ms. Kay,

Y our application has been denied for safety reasons

and insufficient information regarding social club.

Tom Lyons

SuTe hee

A6l

The Commonwealth of Massachusetts

By His Excellency

ALVAN T. FULLER

GOVERNOR

A PROCLAMATION

A century and a half has been recorded in the history of our

Commonwealth and Nation since the British Troops evacuated

the city of Boston and Massachusetts. America has grown

from a struggling dependency to be the greatest nation on

earth, the pride and hope of liberty loving people the world

over. To those early settlers and pioneers who, with odds

tremendously against them, conceived and founded a Republic

which in achievement has surpassed anything in the world’s

history, we should be forever grateful. To the virile manhood

of those days that believed in simplicity and directness, and

who forgot self and laid all that they had on the altar of a

Nation not yet accomplished, we should devoutly offer our

thanks and appreciation, and humbly try to follow in their

footsteps. The lesson clearly demonstrated by the patriots of

the Revolution — that movements for great reforms need lead-

ers of character and men of action who are willing to build

up and not pull down, who recognize that co-operation is

necessary for success — is a heritage and inspiration for our

country in all the years to come.

That the Commonwealth of Massachusetts and its capital

city contributed so much in the struggle for freedom and inde-

pendence should always be a source to us of gratitude, pride

and emulation.

In recognition of the patriotism and sacrifices of the citizens

of Massachusetts one hundred and fifty years ago, I recommend

that proper observance be made of this important anniversary in

A62

the history of our Commonwealth and Nation by the holding

of historic exercises and other patriotic demonstrations, and

by a general display of the colors on the anniversary day,

March seventeenth of the current year.

GIVEN at the Executive Chamber, in Boston, this ninth

day of March in the year of Our Lord, one thousand nine

hundred and twenty-six, and of the Independence of the United

States of America the one hundred and fiftieth.

ALVAN T. FULLER.

By His Excellency the Governor.

FREDERICK W. COOK,

Secretary of the Commonwealth

God Save the Commonwealth of Massachusetts

A63

The Commonwealth of Massachusetts

By His Excellency

LEVERETT SALTONSTALL

GOVERNOR

A PROCLAMATION

1940

There is one day which we annually commemorate in Massa-

chusetts that has more significance than ever this year when

much of the world is torn in a terrific struggle between dictator-

ship and democracy. That occasion is the anniversary of the

expulsion of the British army from Boston on March 17, 1776.

This event was more than a major military victory. It was

a milestone in the march of American independence, for it

marked the departure of imperialism from these shores. Grow-

ing with the years, the significance of the observance is today

dramatic in the extreme, for we find the nation whose retreat

in 1776 we have always celebrated now in the vanguard of

the defense of liberty against oppression and tyranny.

Freedom knows no boundaries and is not cast in a mould

which history can imprison in any land. It belongs to every

nation and, sooner or later, we hope and pray, liberty will be

a common heritage throughout the world.

In celebrating this anniversary, let us be mindful of the debt

we owe to George Washington and his courageous men for

the important part they played on Dorchester Heights one

hundred and sixty-four years ago. By banishing imperialism

and establishing democracy, they have already given to many

generations the priceless gift of life, liberty, and happiness,

which is still beyond the reach of countless thousands through-

out the world.

A64

It is interesting to note that “St. Patrick” was the password

used by our troops. Ever since, the celebration of the double

anniversary has been one of Boston’s most cherished holidays.

Therefore, in accordance with the provision of the law

enacted by the General Court of the Commonwealth of Massa-

chusetts, I, Leverett Saltonstall, Governor of the Common-

wealth of Massachusetts, do hereby designate and set apart as

Evacuation Day

Sunday, March 17, 1940

and direct that the flag be raised on all public buildings on the

preceding day, and that suitable observance of the occasion

be made in the homes, schools and churches of the Common-

wealth.

GIVEN at the Executive Chamber in Boston, this fourth day

of March, in the year of Our Lord one thousand nine hundred

and forty, and of the Independence of the United States of

America, the one hundred and sixty-fourth.

LEVERETT SALTONSTALL

By His Excellency the Governor,

FREDERIC W. COOK,

Secretary of the Commonwealth.

God Save The Commonwealth of Massachusetts

A65

The Commonwealth of Massachusetts

WHEREAS:

By His Excellency

WILLIAM F. WELD

Governor

A PROCLAMATION

1991

Upon George Washington’s arrival in Cambridge

on July 2, 1775 he found himself surrounded by

the hastily collected militia of the New England

Colonies; and

After many days of preparation and patient wait-

ing, General Washington was ready to strike.

Upon receiving the cannon and field pieces

brought by Colonel! Knox from Fort Ticonderoga,

by his bold and sudden move, he was able to seize

Dorchester Heights and bring about the evacua-

tion of the British forces; and

With negotiations terminated on March 8 and the

first great victory of the Revolution completed,

General Howe and his troops were given safe

evacuation in return for the assurance that the

town would not be burned; and

Evacuation Day, March 17, 1776, saw eight

thousand troops and nine hundred Tories set sail

for Halifax, marking the last garrisoning of

British troops in Massachusetts, where the war

had begun. Massachusetts men fought long and

hard for seven more years in other provinces but

never again in their home state, for Massachusetts

was now liberated;

A66

NOW, THEREFORE, I, WILLIAM F. WELD, Governor of

the Commonwealth of Massachusetts, in accordance with Chap-

ter 80 of the Acts of 1938, do hereby proclaim March 17th,

1991 as

EVACUATION DAY

and urge the citizens of the Commonwealth to give appropriate

recognition ot the observance of the 213th Anniversary of a

memorable day in Bay State History.

Given at the Executive Chamber in Boston,

this fourteenth day of February, one thousand

nine hundred and ninety-one and of the Indepen-

dence of the United States of America, the two

hundred and sixteenth.

William F. Weld

MICHAEL JOSEPH CONNOLLY

Secretary of the Commonwealth

GOD SAVE THE COMMONWEALTH OF MASSACHUSETTS

A67

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TRANSCRIPT OF PROCEEDINGS

In the Superior Court of Suffolk County,

the Commonwealth of Massachusetts

Irish-American Gay, Lesbian & Bisexual Group of Boston

v. C.A.92-I518A

City of Boston, South Boston Allied War Veterans Council

and John J. “Wacko” Hurley.

Be it Remembered that in November, 1993 before the Hon-

orable J. Harold Flannery, Superior Court Judge, at Boston,

Massachusetts, the following proceedings were had in the

above styled and numbered cause:

Appearances:

Philip A. Cronin , for the

Plaintiff.

Chester Darling , for the

Defendant, South Boston Allied War Veterans Council.

Claudia Billings McKelway , for the

Defendant, City of Boston.

Proceedings

* * *

A69

STATEMENTS TO THE COURT BY ATTORNEY

CHESTER DARLING ON THE MOTION IN LIMINE

[4) THE COURT: As I understand your position, it is, in

part, that with particular reference to the public accomodations

statute, so-called, the parade is not a public event.

MR. DARLING: No, it is a public event, Your Honor.

THE COURT: It is a public event?

MR. DARLING: Oh, sure, it is.

THE COURT: Subject to the statute?

MR. DARLING: Absolutely not. A parade is not defined

in the statute in 92A as a public accomodation. There are no

First Amendment expressions listed or enumerated in 92A as

far as public accomodations are concerned.

THE COURT: I see. So the language about public recre-

ation, public highway and so on, how do you —

MR. DARLING: I’m comfortable with those, Your

Honor, inasmuch as commerce occurs on the public highways.

I mean, people have pushcarts. There are any number of enter-

prises that take place adjacent to the sidewalks and on the

highways, but —

[5] THE COURT: This, you say, is a public spectacle and

it’s a form of recreation for the spectators, I gather.

MR. DARLING: That is one of the elements.

THE COURT: And it takes place on a public highway.

MR. DARLING: Absolutely.

THE COURT: And yet the statute doesn’t apply?

MR. DARLING: No, Your Honor, because it, the thrust

of the statute, and if one reads the beginning of the statute, I

mean, if we apply all of the usual doctrines of ejusdem generis,

or just the plain words of the statute, they relate to commerce

that takes place and public accomodations in the form of res-

taurants and they try to be as broad, and there are cases that

say they are inclusive and it should be interpreted broadly, but

A70

the fact that the public highway, public streets are enumerated,

doesn’t have any application to this case. 92A has no applica-

tion in this case because the streets of South Boston were

permitted to my clients for a time certain. The public was

excluded from the street for a time certain, so it is a public

event. It is a civic celebration, of course, but it’s many [6]

other things and what my clients determine goes down the

streets of South Boston consistent with their permit is the

speech that appears on the streets, and it is theirs, the speech,

the expressions are all embodied —

THE COURT: That’s helpful. I thought it was your posi-

tion that the statute may well apply but cannot be constitution-

ally applied to your clients. I take it your fall-back position is

that, because of your right of expressive association, if the

statute were applicable to the event, it could not constitutionally

be applied to your client.

MR. DARLING: Respectfully, I don’t see the fall-back

position yet. I misunderstood the Court. What my position is —

THE COURT: If I should disagree with you and hold

that the statute applies to the event, you still have a right to

exclude the plaintiffs based on your constitutional First Amend-

ment expressive association argument. That’s why I called it

a fall-back position.

MR. DARLING: Yes, but I respectfully don’t think —

I’m not suggesting how the Court is going to decide the case

but the facts won’t support proposition one. They can’t.

[7] THE COURT: What’s proposition one?

MR. DARLING: Thata parade is a public accomodation.

THE COURT: Well, see, that’s the whole point.

MR. DARLING: Exactly, Your Honor.

THE COURT: That’s the whole point of the factual in-

quiry.

MR. DARLING: The motion in limine before the Court

this morning does have some relation to —

A7l

THE COURT: We will get to that in a second, sir. I must

ask you to stay with me. It is a public event but not of the

genre, not of the type contemplated by the Public Accomoda-

tions Act. Is that your position?

MR. DARLING: That’s correct, Your Honor, yes.

THE COURT: Okay. And your additional position is

that, regardless of the statutory questions, you have a constitu-

tional right to be free from participation by the plaintiffs?

MR. DARLING: Yes, Your Honor. We have an absolute

right on the basis of the First Amendment, Article One and

Article Sixteen and so forth.

THE COURT: And that is what? Noncommerciai, [8]

ideological speech, or what is the right that you are asserting,

your Constitutional right? It’s the right of expressive associa-

tion. You have used that term which does appear in some of

the cases.

MR. DARLING: It does but it doesn’t satisfy the descrip-

tion [ would apply to the event, Your Honor. In many ways,

it is a unique event. St. Patrick’s Day, for some peculiar

reason, was declared a Suffolk County holiday during Mayor,

I believe during Mayor Curley’s administration. It just so hap-

pend that Evacuation Day was declared the holiday because

it fell on March 17. The celebration that occurs, and it’s been

frequently referred to as a celebration, the First Amendment

activity of my client is a celebration. It has many components

and, during the trial this Court will hear a lot of evidence

relating to the various components of the speech. I have no

equivocation as far as putting my witnesses on and detailing

what the speech of my clients is. My objection, of course, is

that my clients explain this speech. They will describe the

speeches for the purpose of this trial, but my basic legal position

is that they don’t have to. They simply don’t have to.

Any permitted activity, for instance, I [9] have tried to make

a comparison between, that I thought was appropriate, between

A72

my clients’ parade and the Gay Pride parade and the Gay Pride

parade, there is a message that’s defined by the parade commit-

tee that’s suitable for their celebration and parade and expres-

sions and there are a variety of them. Well, my clients have

their own values and expressions and messages they wish to

convey and it is a permitted exercise. My clients determine

who marches, whom the sponsors are. My clients determine

the messages contained in each group.

THE COURT: Let me interrupt you, sir. When you say

that your clients have the right to express their — or make

their expressions without the participation of the plaintiffs, is

it expressions of a religious nature that you have in mind? I

don’t ask you to restate them now. The witnesses will, if as

you say, they will describe their expressions or is it of an

ethnic pride nature? Is it of a secular celebratory nature? How

would you label the expressions that are being protected?

MR. DARLING: If we are having openings, Judge, mine

is about over.

THE COURT: Well, I’m sorry to duplicate it but I really

want to rule on the motions in limine [10] on an informed basis.

MR. DARLING: Your Honor, the methods of expression

are several in the parade. I don’t have the transcript from the

two hours, I think it was two hours and a half description of

the parade and what the messages were from February of this

year, but let me just review quickly what they are.

First of all, there is a religious component to the parade.

There are groups that are very devout people.

THE COURT: You needn’t advance subsidiary findings.

Telling me it has a religious dimension is responsive to my

question.

MR. DARLING: And a political one, a cultural one, an

ethnic one, a neighborhood one. | didn’t even know what

Southie pride was until I got involved in the enterprise. Now

is it a palpable, real thing that hopefully will enter this court-

A73

room so that would be another component of the parade. The

inclusiveness of my clients will be reflected in their parade.

It’s been characterized as being eclectic. Of course it is. There’s

entertainment in the parade which, of course, is protected

activity. There is a fairly recent case where a Miss Gay America

Pageant, the homosexual activity and expression is [11] pro-

tected, First Amendment protected activity as are traditional

values.

THE COURT: Nobody seeks to suppress your expres-

sions. You seek to have your expressions without the burden

of these would-be participants.

MR. DARLING: Oh, no, Your Honor. No, no. I would

not characterize it that way. I would characterize it as follows:

my clients resist, and will resist for a long time, as long as

they can, having a court or the MCAD or the City of Boston

tell them how to speak and that’s how it translates, simply.

THE COURT: That’s what I say. Nobody is telling you

you may not manifest this ethnic, neighborhood, political,

religious parade. You are going to do that presumably with or

without the plaintiffs, but you seek to do it without the plaintiffs

or you seek —

MR. DARLING: Yes, Your Honor.

THE COURT: Or you seek to maintain your right to do

it without these interlopers.

MR. DARLING: Not interlopers, Your Honor, inasmuch

as the facts will show that my clients were inclusive initially

in this whole operation and I am so pleased that we finally

have the opportunity [12] to get all of the facts before the Court.

Initially, an approach was made to the chief marshall, Mr.

Thomas Lyons, in 1992. His response —

THE COURT: Before you get into an opening and it does

sound more like an opening, I just needed to know what the

elements or the components are of the Constitutional right of

expression that you are asserting, and you tell me they- are

neighborhood, ethnic, religious, political —

A74

MR. DARLING: Patriotic.

THE COURT: Patriotic.

MR. DARLING: For instance —

THE COURT: No, no. I don’t need a for instance because

we will be at this for a time and that’s responsive to my

question, so those are the or those are some or all of the —

MR. DARLING: Some.

THE COURT: Some. Well, are there others that come

to mind?

MR. DARLING: Well, it’s difficult to describe the re-

sponses that are generated in people when particular kinds of

music are played. The bands play a variety of different pieces.

THE COURT: So it’s artistic, artistic [13] or cultural.

MR. DARLING: And patriotic.

THE COURT: Yes, you said that.

MR. DARLING: Okay. The messages contained are mul-

tiple. For instance, the program itself —

THE COURT: Well, now, wait a minute. I just need to

know, sir, that my appraisal or my evaluation of these values

that you seek to maintain is part of your Constitutional position

in this case.

MR. DARLING: Yes.

THE COURT: Okay. Alright. Now, did you want to

speak to this morning’s motion in limine and then I will hear

from the plaintiffs.

MR. DARLING: Yes. Yes, Your Honor. The motion is

to exclude the viewing of the videotape of 1993. We are into

Monday morning —

THE COURT: The video of what, sir?

MR. DARLING: Of the parade in 1993, Your Honor.

It’s redundant. We have exhibits here. For instance, they have

not been entered yet, Your Honor, but one of the exhibits, |

don’t know the number, will be the roster and the roster con-

tains, adjacent to the names of the bands, sponsors that appear

A75

in the parade. The Court now has all of the financial information

that was produced by the Veterans.

[14] THE COURT: Okay. Apart from redundancy or cumul-

ativeness, do you have objections?

MR. DARLING: Yes, time. Time, Your Honor. I am

hopeful that, you know, I hope we can conclude the case in

one week and I don’t know how long it’s going to take to play

that tape.

THE COURT: I see. Well, alright. Why is time so impor-

tant to you? I appreciate that from an institutional standpoint

but there must be something more than your solicitude about

the Court.

MR. DARLING: There was aconfusion about the witnes-

ses that would be called. When I called Friday, that was the

first time I discovered that the tape was going to be played.

It was never listed as a prospective exhibit and I have no real

objection to it. I just hope that it doesn’t cut down the trial.

At the same time, if that is to support any testimony relating

to the contributors to the parade, individual and corporate

contributors, and supporters of my clients’ speech, then, if

course, I renew the argument, without burdening the Court

this morning, from last Wednesday, but the privacy, we’re

talking about a First Amendment exercise, Your Honor, mot

a commercial activity, and if these people want to put their

names on a banner supported by or sponsored [15] by, that’s

their prerogative and no Court and no agency, city, state, can

sit down or compel anyone that’s going to join in a speech or

associate in a speech with somebody else, engaged in a First

Amendment activity and compel them to produce their checks,

why did you support the First Amendment activity? This is

beyond, beyond credulity as far as an application of the First

Amendment is concerned.

* - o

{30} MR. DARLING: Your Honor, the evidence will be

quite contrary to the position of the plaintiffs, that [31] my

clients intend no injury to the plaintiffs —

A76

THE COURT: Well, now, wait. You will have to help

me. That confuses me, because was it your position that your

clients were and continued to be inclusive but this specific

group is unwelcome for some reason?

MR. DARLING: Well, they are now, Judge. They are

now.

THE COURT: I’m sorry?

MR. DARLING: They are now after what they —

THE COURT: GLIB is unwelcome?

MR. DARLING: GLIB is unwelcome, is not welcome

any more.

THE COURT: Because of its connection with ILGO or

for whatever reason, the genesis of the controversy, what I’m

trying to get to, is some other group with the same sexual

orientation, does it continue to be welcome? You say it started

out to be inclusive.

MR. DARLING: In what form?

THE COURT: As participants in the parade.

MR. DARLING: Gays and lesbians, bisexuals, have par-

ticipated in the St. Patrick’s Day for many, many years. It is

not a litmus test to be heterosexual [32] to march in the parade.

THE COURT: That’s what I’m trying to get at. What is

it, as precisely as you can articulate it, what form of participa-

tion, if any, is objectionable. I take it GLIB, this specific

organization or association, its sponsorship is, continues to be

unwelcome.

MR. DARLING: Well, that particular group. Let me say

this, Your Honor, the Council, they are the Veterans Council,

they are the elected members from the various groups, Veterans

of Foreign Wars, and Disabled Veterans and American Legion

Posts in South Boston. They determine who the sponsors are

and who the participants are, and they had a vote. Let’s see,

they had a vote for the people at this year’s parade and their

vote was that they would not permit any sexual themes, any

A77

group to have any sexual themes. That was their wish. They

memorialized it.

THE COURT: And any group that announces its orienta-

tion is a sexual theme?

MR. DARLING: Your Honor?

THE COURT: I said, any identifiable group in the parade

that announces its sexual orientation is the sexual theme that’s

excluded?

[33] MR. DARLING: I think that would be fair to say.

THE COURT: Okay.

MR. DARLING: Sexual theme, it would fall within that.

Their themes, you will hear, you will see —

THE COURT: Okay.

MR. DARLING: — on the videotape.

THE COURT: So it is not just GLIB. It is any person

or group of that orientation who seeks to announce it?

MR. DARLING: Well, I can’t say that for the Council

but, Your Honor —

THE COURT: You are their lawyer.

MR. DARLING: When you hear the evidence, when you

heard the evidence and you see how the process started, the

inclusive process started, and why it went sour, you will see

that, perhaps, if they had used a little different approach,

maybe if their, if a group marched with Mr. Scondras who

never asked to be invited, they wouldn’t have been excluded.

Mr. Scondras has never been excluded from the parade. No

one has because of their sexual preference. If they had gone

about it a little differently, a group may have marched without

the sexual theme being [34] identified, fine. Maybe the Council

would have said, okay. I think we now have a history that

would preclude that. That’s my personal observation. I can’t

speak for the Council but initially, they were inclusive. They

have voted no group, any group with any sexual theme is not

to be permitted in the parade, that’s it. So, that’s the current

A78

position of the Council, not mine, and finally, Your Honor,

there are two things. One is uncontroverted. There is a whole

licensing procedure for parades in this case. There are many,

many cases alluded to and I provided the Court with quite a

few. | used Reverend Fred Shuttleworth as the main point

because his case was so unique in the sense, at least to me,

because I was down in Alabama at that time, but all of the

licensing cases preclude anyone from determining the content

of the parade, that’s it, uncontroverted from the other side.

This is the obstacle that they are trying to get by.

The fact is, the City of Boston is unable to determine the

content. They tried. They tried in °92 and °93, but — and that

will evolve in the evidence, but they failed. The City can’t

instruct anyone to march in a First Amendment or participate

in a First Amendment activity. MCAD has checked [35] in

now and they have issued a cease and desist order, of all the

gall, Your Honor, to have an agency act and acknowledge that

this is a case of first impression and a novel case, but, of

course, it is. They have no jurisdiction over the constitution

and there will be evidence that Mr. Duffy, in 1992, prior to

Ms. Kay talking to any counsel, was soliciting a complaint,

not in °93, °92, before any of this activity started.

* * *

AT9

[226] SUPERINTENDENT THOMAS P. MALONEY, hav-

ing been called as a witness on behalf of the Plaintiff, being first

duly sworn, was examined on his oath as follows:

* * *

CROSS-EXAMINATION

By Mr. Darling:

* ~* x

[234] Q. And if there is someone in a — let’s confine our-

selves to the 1992 parade, Superintendent. If a group jumped

into the line of march, that was not listed on the roster, and

was observed by yourself or your colleagues, whai next would

happen?

A. We probably would have consulted with the parade or-

ganizers to find out if they approved or concurred with this

entrance of this other group into the parade. If they did not,

we would try to eject them from the parade route.

Q. In 1992, I can’t recall, Superintendent, will you help

me out? In either the 1992 parade or the 1993 parade, were

you called by Mr. Hurley on the radio regarding a pickup truck

that was down at the Andrews Square Assembly area?

A. Yes, yes, I was.

Q. Was that the 1992 or °93 parade? Do you remember?

A. I think it was °92. I’m not sure.

Q. Okay. As a result of receiving the radio call from Mr.

Hurley, what did you next do?

[235] A. I went to the scene and there was a truck there

with placards on it that was anti-gay, if you will, that could

have been inciteful if it had been allowed to be in the parade.

We ordered it out of the line of march or out of the procession,

if you will.

Q. Did Mr. Hurley request that you remove that truck?

A. Yes, he did.

A80

[242] THOMAS J. LYONS, having been called as a witness

on behalf of the Plaintiff, being first duly sworn, was examined

on his oath as follows:

DIRECT EXAMINATION

By Mr. Cronin:

[246] Q. In the process of selecting parade applicants for

1991, or anytime in 1992 prior to March of 1992, did you

have any written standards or criteria as to the selection of

parade participants?

A. What I used were the copies of previous parade applica-

tions because on it it had the addresses and the contact person

of that band or unit and, I think, in my case the chief marshall

has the ability to somewhat decide what he would like to do

with his parade. In my case, I wanted it to be a salute to the

men and women of the armed services so that we had more

military participation. So that was a different avenue to take.

But, by and large, | would say that 95% of the °92 parade

was done through the previous parade applications.

* * *

A8l

CROSS-EXAMINATION

By Mr. Darling:

* * *

[262] Q. Eventually some publicity occurred regarding the

controversy that was emerging between the group and [263]

marching and so forth. Is that correct?

A. The controversy started after March Ist, when the vote

was taken and, I believe some of the local papers had a headline

that a gay group had been denied access to the Evacuation

Day Parade.

Q. As the result of that did the veterans receive a communi-

cation from the Klu Klux Klan?

A. Yes, Sir. I received a letter at my home.

Q. Would you identify this document please?

A. Yes, this was the letter that was pushed under my door.

Q. Did you make it known tha: the KKK wanted to march

in the 1992 parade?

A. Yes.

Q. Of the veterans. I’m sorry.

A. Yes. After receiving this, it was prior to our parade but

I had contacted Mr. Hurley and a number of the people in-

volved, Mr. Vaillancourt, and I showed them what this was

deteriorating to and that, you know, this is not going to happen.

Q. And the veterans were not inclusive as far as the KKK

was concerned and this letter being treated as any kind of a

request to participate. Is that correct?

A. Yes.

Q. As far as the annual parade itself was concerned would

[264] you define it as a family event?

A. That’s what we had hoped for. Yes.

Q. A traditional parade?

A. Yes, Sir.

Q. With religious components in the parade?

A. Yes, Sir.

Q. Political speech in the parade? Politicians?

A. Yes, Sir.

Q. A lot of inspirational music?

A82

A. Yes, Sir.

Q. I don’t know if I asked you before but because of your

background and the time one of the major themes of the 1992

parade was a Salute to the troops from Desert Storm. Is that

correct?

A. Yes, Sir.

Q. Was it in 1992 that there was a missing in action float?

A. Yes, Sir.

Q. In 1993 there was a missing in action blanket that was

marched through the streets. Do you remember that?

A. Yes, Sir.

Q. In the 1992 float were there men dressed as prisoners

in a cage drawn by a truck?

A. Yes, Sir.

Q. Do you recall if there was a 4H group in the 1992 parade?

[265] A. I know they were on the roster.

Q. Do you know if the little league groups and boy scouts

and girl scouts participated in the 1992 parade?

A. Yes, Sir. They were on the roster also.

Q. A number of celebrities were invited to the parade?

A. Yes, Sir. I think we had the bronze medal winner from

the Olympics, Nancy Kerrigan.

Q. Does the parade, as an entity, celebrate what is called

“Southie Pride’?

A. Yes, Sir.

Q. Is part of that the fact that a great deal of service men

died for their country that came from South Boston?

A. Yes, Sir.

Q. Congressional Medal of Honor Chief Marshalls in the

parade?

A. Yes, Sir.

Q. Do you remember the Immaculate Heart of Mary Band

that was in the parade in 1992?

A. Yes, Sir.

A83

The participation of the Ancient Order of Hibernians?

Yes, Sir.

And the entire parade?

Yes, Sir.

. Do you recall — Excuse me, I misspoke earlier. Do

you [266] recall that the Immaculate Heart of Mary Band

reported that they were unable to march in the parade as the

result of the participation by GLIB in the parade?

A. They withdrew because of the controversy that was going

on.

OPOPre

[268] Q. Subsequent to the decision of the Court and the

parade in 1992, the veterans were presented with a bill from

counsel for $43,000.00. You’re familiar with that?

A. Yes, Sir.

Q. How did that impact the membership of the Allied War

Veterans Council that that bill had been presented as the result

of that litigation?

A. It was devastating. Veterans organizations traditionally

don’t have money to be able to pay attorney’s fees. That’s for

sure. We were looking at, you know, what we’d have to do

to raise that kind of money.

Q. Attorney's fees being for the other side in this case; the

Civil Liberties Union and a number of private law firms is

that correct?

A. Yes, Sir.

Q. And the Gay-Lesbian Advocates Independence; they

presented the bill?

A. Yes, Ser.

[269] Q. This year the veterans have been fined a total of

$4,500.00 by the MCAD. Is that correct?

A. That’s what I read in the paper. Yes.

A84

Q. As a result of reading that in the paper have you had

any discussions with your colleagues in the veterans groups

and those that organized the South Boston Parade, has that

impacted on the preparation for the 1994 parade?

A. I have not attended any meetings since my —

Q. In the general community.

A. — since my parade involvement. But, in general, yes.

Any time you look at having to give money, whatever the size

is. Again, | mean Aliied Counsel and veterans organizations

don’t have that kind of money on hand just to be able to

distribute. So yes, it has an adverse effect.

A85

[274] RECROSS-EXAMINATION

By Mr. Darling:

Q. You just responded to questions from Mr. Cronin regard-

ing groups having a particular sexual orientation. As far as the

veterans are concerned, was there a vote taken by the South

Boston Allied War Veterans Counsel that stated that any group

with any sexual theme would be excluded from any parades

that they are permitted to conduct?

A. Yes, Sir.

A86

[295] JOHN J. HURLEY, having been called as a witness

on behalf of GLIB, being first duly sworn, was examined on

his oath as follows:

DIRECT EXAMINATION

(By Mr. Cronin)

* * *

[323] Q. Did the Council take a vote?

A. The Council took a vote but they don’t go on recommen-

dations. They go on, the majority rules. All in favor “aye,”

and all opposed, “nay.” If the “ayes” have it, you’re out.

Q. The vote was against it?

A. Unanimously, Sir.

Q. Now, until the application by GLIB in 1992, do I under-

stand that no other organization up to that point had been the

subject of a vote as to admission or exclusion by the council?

A. Did you say “no other organization”?

Q. Right.

A. That’s not correct, Sir.

Q. What other organization had been?

A. An organization named Restore Our Alienated Rights.

It was an anti-bussing group from South Boston, Charlestown,

Winchester; all over, but predominatly South Boston [324]

and they applied for permission to come into the parade.

We voted not to let them come into the parade. We voted

not to let them come in because they had a message that was

contrary to our beliefs and our traditional values.

Q. That was when?

A. That was during the height of forced bussing. That might

have been around ’72 or °73.

Q. So other than ROAR, had any other organizations been

subject to a vote like that?

A87

A. Yes, Sir. The KKK wanted to come in.

Q. When was that?

A. That’s when the guy, he was the grand wizard, his name

was Duke. He personally signed that. But we knew what he

stood for and we turned him down on the same basis.

Q. When would that be?

A. It would be around °72 or °73.

Q. Other than ROAR and the KKK do I iiiiiiead that

there was no other organization that had been subject of a vote

ny the counsel as to their acceptance or rejection?

A. Not to the best of my memory.

Q. With respect to the application by GLIB, however, and

the meeting with the mayor at Phillip’s Restaurant, was there

discussion, do you recall, about GLIB’s status under [325]

Massachusetts law with respect to being an organization in-

volved in sexual orientation?

A. We had no conversation on that, Sir.

Q. but you recall, do you not, a letter from Mr. Good, to

you, pointing out to you the anti-discrimination laws of the

commonwealth?

A. That was his conclusion. I just turned that letter over.

Q. But, based on Mr. Good’s letter, did you recognize that

you were meeting with the mayor in connection with the vote.

That, with GLIB, you were dealing with an organization quite

different than the KKK or ROAR?

A. I don’t thing they’re any — They are probably different

in statute in some way but I don’t think they’re very different.

Q. So, you regarded, as I understand it, GLIB as on the

same footing; the same type of organization as ROAR or the

KKK?

A. I didn’t say that, Sir.

Q. Well how did you —

A. I’m saying that they were denied entrance in the parade

Strictly because they were not going with our traditional values

A88

and they were sending out a message that we felt we did not

want our families to see.

* * *

COLLOQUY WITH THE COURT

[335] THECOURT: Well the record so shows, Mr. Darling.

I must say, once again, that I don’t fully grasp your position.

The other day you said that a parade is not a place of public

accomodation, but that is unquestionably a public event.

Now, we have the supporters of a public event and you say

their support must not be disclosed?

MR. DARLING: Your Honor, I’m not suggesting that

the rights of my clients disappear because I say a parade is a

public event. Of course it’s a public event. It’s also a civic

event. But it is also, most importantly, a privately permitted

first amendment expression.

I didn’t waive my first amendment claim because I charac-

terized a public event as a public event, which a parade is.

But it is still a permitted private expression of my client’s

expression; all those I enumerated.

[336] So, I’m not withdrawing that. I give my heated re-

sponse, Your Honor, that I had no intention of suggesting that

my client’s first amendment rights were waived by my charac-

terizing a parade as a public event, which it is.

* * *

FURTHER DIRECT EXAMINATION OF MR. HURLEY

[351] Q. I gather that the Gillette Company was a sponsor?

A. That’s not correct. We received no money from Gillette,

[352] Sir.

Q. Did you observe, on the videotape, any sign or banner

with the Gillette Company name on it?

A. Yes, Sir.

Q. That was in connection with what?

A89

A. That was in connection with SOBAD, South Boston

Against Drugs, which does a marvelous job of trying to keep

the kids out of drugs and Gillette is their guardian angel, so

to speak. They help out them financially.

Q. So that organization, as it proceeded through, had a

banner with the Gillette name on it?

A. Yes, that was a very small banner. I actually’ didn’t see

it but I know that the shamrocks on it do have the symbol of

Gillette because they are financially good to them.

* * *

A90

FURTHER DIRECT EXAMINATION OF JOHN J. HURLEY

(By Mr. Cronin) -

* kK *

[370] Q. In particular I’d like to refer you to page 137 of

that deposition. This relates to the admission of GLIB to the

1993 parade.

“QUESTION: If you yourself were satisfied that this, mean-

ing GLIB, is an Irish-American group interested only [371]

in tolerance and non-discrimination, not affiliated with any

radical groups, willing to pay their own way and defray costs

and that there is no sexual theme involved in their participation,

would you recommend to the council that they be allowed to

participate?

ANSWER: Yes, I would.”

Do you recall that testimony?

A. I do.

* * *

[375] CROSS-EXAMINATION OF JOHN J. HURLEY

(By Mr. Darling)

* * *

Q. And from time to time someone will jump into the line

when they shouldn't?

A. Absolutely.

Q. And from time to time, without a vote by the council.

Is that correct?

A. Yes there was one there —

Q. Well we heard about the Bruins being placed in the line

of march?

A. Right.

Q. Now, when you’re confronted with a situation like that,

unless it’s a PLO organization, in order to remove them from

A91

the parade you are confronted with a real public safety problem

if you want to remove — What kind of a judgement do you

make when you see someone come into the parade who

shouldn’t be there?

A. I try to make it from my heart and my head and if there

[376] is someone in there and I don’t want them there, rather

than get into a confrontation with them it would have to be a

massive one because everyone gets excited. I’d say, “Okay,

you get in there.” I’d make sure they were hemmed in by three

or four vehicles front and back with no music and all they are

going to get out of it is a blister on their feet at the end of the

day. They ain’t going to get no recognition.

Q. The fact is when people jump into the parade, logistically

it’s impossible for the veterans to act on the spot. Isn’t it?

A. That’s correct.

Q. And from year to year this sometimes happens.

A. I would think probably every year.

Q. Okay. But I’m not sure if it was ’93 or ’92, someone

showed up with a pickup truck with “Kill a Fag” sign on the

back of the pickup. Is that correct?

A. That’s right.

Q. And you spotted it down by Andrews Square?

A. I got a message on my radio that I had on my person

to look over my shoulder. I couldn’t see nothing. They

explained it was in back of the police horses and I crossed the

street and I observed this vehicle.

Q. You called Superintendent Maloney?

[377] A. Yes.

Q. And he was removed?

A. Yes, Sir.

Q. He didn’t even stop?

A. He came over to me. He has known me over the years.

He tried to prevail upon me to make an exception, that this

was a nice guy, leave him in.

This was a fellow that was a lieutenant in the fire department.

A92

Q. Mr. Hurley, he was kicked out, wasn’t he?

A. He was kicked out. But he had the wrong message.

Q. As far as messages are concerned, there was discussion

also about the inclusion and exclusion of certain groups. My

question is you excluded — that is the Council declined to have

the KKK march in 1992. Is that correct?

A. The Council did so.

MR. DARLING: May I approach?

THE COURT: Yes.

Q. In 1993, did you receive this communication?

A. Yes, Sir.

Q. Can you identify that Exhibit 53?

A. It’s a letter from the Klu Klux Klan with an address in

North Carolina humbly asking to take part in marching [378]

in the parade.

Q. What- was the response of the Council to that inquiry?

A. The Council voted unanimously not to allow them in

and not to even acknowledge the letter at all.

Q. Thank you. Initially, did you include or exclude the

Right to Life group?

A. Initially we included them.

Q. Will you tell us why?

A. When they came into the parade or wanted to come in

we had to discuss that they would be walking in an orderly

fashion and they said, “Well, we're going to shout the message

out there.” We said, no.

Who said, no?

The Ailied Council.

Eventually, they did march.

It took several years.

Under what conditions?

The conditions of the South Boston Allied War Veterans

Council that they march in an orderly fashion and they march

without shouting.

FOPOPL

A93

You are limited to only one sign. We’ve had no problems

since.

Q. As far as the radical Irish groups were concerned, was

there a time when you wouldn’t let Noraid or anyone else

[379] march that came to the parade with ski masks on and

cartridge belis and so forth? Is that correct?

A. They were seen in other parades in that attire and we

would not — it was not acceptable to us.

Q. Well, eventually, from the earlier testimony, you have

let Northern Irish flags be displayed in the parade, Noraid flags?

A. A Noraid banner and an Irish and American flag, yes.

Q. But without the mask?

A. Without the mask or any of those arms or whatever.

Q. When the Veterans Council is presented with a new

group you don’t know whether they vote individually in that

Veterans Council, to exclude or include, on the basis of social,

religious, sexual or any other reason do you?

A. I have no way of knowing that.

Q. Everyone has one vote?

A. We're all individuals. We have one vote.

Q. And the majority of that covers as to whether the exclu-

sion or exclusion of a sponsor of a participant. Is that correct?

A. That’s correct. And if we think the vote is close, instead

of just having the ayes and nays, we have everybody that voted

aye stand up and the nays stand up and do the same thing.

[380] Q. But the fact is, would you agree, with Mr. Lyons

when he testified that about 90% to 95% of the participants

in the parade have marched before?

A. Yes, that’s true.

Q. And they have had prior approval from the Veterans?

A. Yes, you don’t have to go back every year for one group

that has been accepted.

Q. So, from time to time, getting close to the parade, regis-

tration forms are presented sometimes in groups to the Council

for their approval or disapproval?

A94

A. That’s correct.

Q. And a vote is taken?

A. Yes, Sir.

Q. How much did the financing of the 1993 parade cost;

to the best of your recollection?

A. I don’t have the books in front of me. I'd say about

$35,000.00.

Q. in 1993?

A. Yes, Sir.

Q. And there was no contribution or assistance from the

city in 1993?

A. No, Sir.

Q. How did you raise the money?

A. Going door to door to the various store, the merchants.

[381] Putting a news item into the local paper pleading for

money. We ran a South Boston reunion. We ran raffles. It

was nothing to go down the street and have somebody just out

and out stop you and give you $5.00, $10.00, or $25.00, or

so, without ever wanting any acknowledgment at all; just want-

ing to be a part of it because of the Southie Pride.

Some people give you money and request that their name

not be used. That happens more often than not.

Q. Does that happen more frequently in the last couple of

years?

A. I'd say — I don’t know. I really couldn’t answer that.

I'd say probably, yes. But we didn’t need the kind of money

a couple of years ago that we have now.

Q. But there are people who simply want to make an anony-

mous donation to the parade?

A. They want to be a part of it. Yes.

Q. And if the city puts some strings on that $8,500.00 each

year, if you had to do certain things for the city in order to

receive that money what would the response of the veterans

have been.

A9S5

A. Let them keep it. We wouldn’t have accepted it.

Q. Isn’t that what happened in °93, for their $8,500.00?

A. I don’t know whether there were any strings attached.

It [382] has been alleged that the City of Boston runs the

parade but the City of Boston couldn’t run a parade in a

telephone booth with $8,500.00.

I mean it takes an awful lot more money than that.

Q. The fact is, Mr. Hurley, that the City of Boston did

want to place the GLIB group into the 1992 parade. Is that

correct?

In 1992?

Yes.

Yes, Sir.

And Mayor Flynn made that perfectly clear to you, didn’t

~YOPO>

Very, very clear.

Mr. Meunier did too. Didn’t he?

Yes.

Who is Mr. Meunier?

He is a liason for the gay-lesbian group to city hall.

Did you meet Mr. Johnson?

No. I don’t believe I know Mr. Johnson.

Who has the ability to cancel a parade in inclement

weather or for any other reason?

A. The South Boston Allied War Veterans Council.

Q. Who has the ability to determine who can and who

cannot march in that parade?

[383] A. South Boston Allied War Veterans Council.

Q. Would you tell us about SO BAD, Mr. Hurley?

A. SO BAD, is South Boston Against Drugs. They are a

little run-off of BAD, which is Boston Against Drugs, who

assigned a corporate company to be their godfather, more or

less, you know, for financial reasons.

They were assigned Gillette and Gillette helps the South

Boston group. Some other company would have the Roxbury

OPOPrOProO>

A96

group or the Roslindale group or whatever. It’s very successful.

It’s done a marvelous job for the youngsters.

I’ve been a member of it for probably five years and I can

honestly say it’s the best organization I ever was affiliated

with because there is an awful lot of leadership and there are

no bosses and it’s a good atmosphere.

Q. I’m going to show you Exhibit Number 74 Mr. Hurley.

A. Okay.

Q. Would you describe Exhibit Number 74 please?

A. It’s a pin with a safety clasp. It says, “Say No to Drugs.

Celebrate with Pride.”

The first year of it the South Boston Allied War Veterans

Council paid for them.

Q. Let me develop that by a couple of questions. Were

those [384] pins purchased by the South Boston Allied War

Veterans Council?

A. Yes, Sir.

Q. when?

A. In 1888, 1889.

Q. And were they distributed by the South Boston Allied

War Veterans Council in connection with the St. Patrick’s

Day/Evacuation Day Parade?

A. Yes, they were distributed all over, whatever way we

can get them out. The parade was responsible for the distribu-

tion of a lot of those pins? We put them out probably two

weeks before. In fact, you don’t wear them just the day of the

parade. You wear them all year round because there is a pro-

found message in it.

Q. And there has been an effort, hasn’t’ there, Mr. Hurley,

to cut down the drinking in South Boston on parade day?

A. We've been very successful on that. We’ve gone down

from, years ago, having ninety-five, ninety-six arrests, down

to, a couple of years ago, not ’92 or ’93 but prior to that, to

one or two arrests for not just the parade but for the night too.

A97

You don’t have many arrests or problems during the parade.

It’s afterwards when you have to figure that with a town of

38,000, you have 600,000, coming in, there [385] is bound

to be somebody that ma and paint watching so they raise heck

and they get into problems.

Q. How many taverns and bars are shut down on parade

day, Mr. Hurley? :

A. I'd say almost 60%.

Q. Has that helped in the drinking department?

A. Oh, yes. It has. They also have a truck that goes around.

Somebody might be going around with a case of beer and the

policeman will take it, put it in the truck and squish it up. So

that has alleviated — In fact, it has almost eliminated the

public drinking.

Q. The Gillette Corporation supported the SO BAD pro-

gram, is that correct?

A. Yes.

Q. You described earlier, the float. Is that correct?

A. Yes.

Q. It was pulled by Gillette?

A. They are the sponsors of SO BAD.

Q. You also testified, or someone did, that the reduction

in drinking enhanced the parade and more people have come

— attended.

A. We gained an awful lot of bands. We have a Troy High

School Band that comes in with 250 youngsters. They have a

chance to go to Dublin, Ireland or go back to South [386]

Boston. The director of music let the kids vote and they voted

to come back to South Boston because they got treated so well

there. I do send them either leprechauns or shamrocks and one

year I sent them the pins that I just showed and they all proudly

wore them down the street.

So, definitely they would not be here if the situation was

like it was eight or ten years ago.

A98

So that the parade has evolved, hasn’t it, over the years?

It has. Yes.

You've read histories of the parade haven’t you?

Yes, I have.

In 1901 there were torchlight parades?

Sometimes they’d have four or five parades that week.

I remember when I was a youngster there was four parades in

the one week leading up to — these were at night, leading up

to the St. Patrick’s Day Parade.

Q. and over the years the nature and character of the parade

has changed, hasn’t it?

A. Yes, it has.

Q. And the South Boston Allied War Veterans Council has

had permits since approximately 1947?

A. That’s correct.

[387] Q. And since 1947 the character and nature of the

parade has changed?

A. Well, it’s changed. I wasn’t around then and in the

veteran’s circle. It was a great parade and still is. Then it got

so that it was a drinking day and we just had the last five or

six years to knock the nonsense off. That went for — It came

up, let’s go to Wacko’s house. He’s a big offender. Well I

had to shut it off too so it’s a community effort.

Q. In the last several years, has it become your testimony,

that it’s a great family event?

A. Yes, everybody comes back to see their family. At

Christmas time you can only see your family that one day and

so some come Christmas Eve and some come Christmas Day

and some come a week later.

St. Patrick’s Day is not a week event in the parade. It’s a

one-day. So that the families do get together and they haven’t

seen each other since the last St. Patrick’s Day Parade.

So it is a very very profound family day. It’s ahappy day.

POPOPOL

A99

Q. In your rosters that used to be printed by the city, would

you mention certain people and honor their names or their

memory in the rosters annually?

[288] A. Yes, in the program, for instance, if we had a

police man or a fireman that got killed in the line of duty or

we got a veteran that was a member of the Council that died,

we would put his name in, an in memorium type of thing.

And for the ones who are alive if somebody gives you some

work or is a good guy you put him down and give him an

honorary title, as assistant chief of staff or honorary chief

marshall or something like that.

Q. And you hustle as much money for that parade in any

way that you can don’t you?

A. Any way that it will come in.

Q. And if the mayor wanted to generate some interest in

the parade on behalf of the parade committee, it is welcome,

isn’t it?

A. Absolutely. If he wanted to do it two or three times a

year we'd accommodate him.

Q. And you testified earlier that on the fire equipment that is

on the parade it serves several purposes doesn’t it, that equip-

ment?

A. Yes, the main purpose of the fire engines there, of

course, especially for the youngsters is to see the trucks out

there. But its primary purpose in going down the street is that

we have people that come over to our town about nine o'clock

and they get a little restless by [389] the time the parade come |

by their point.

So they are all out in the street, their minds are wandering

a little there. So when the fire trucks come by it’s a safety

measure to push them back onto the sidewalk so that you do

have enough sense to get on the sidewalk and the parade comes

along in fifteen minutes. So it’s a good area so the bands can

perform.

A100

Q. In the event that there is a fire or some other emergency

there is also equipment on the streets, ambulances and fire

engines?

A. Right. Oh, absolutely. And they still have apparatus in

the barns.

Q. Now, there was some testimony about radio stations.

How do the radio stations, whether or not they are sponsors,

assist in the conduct or promotion or safety of the parade?

A. Well, there is one of the radio stations that had a contest.

The contest was awarding some type of T shirts and probably

some tickets to some performance or something. They keep

advertising “You win when you come to Southie.” Things like

that.

The other radio station, the Irish one, they give us a lot of

mileage for nothing and we just give them the opportunity to

come in and we do not charge them. A [390] little payback.

Q. You saw the tape of the 1993 parade?

A. Yes.

Q. Not included in the parade were the Hibernians. Is that

correct?

A. That's correct.

Q. I show you Exhibit Number 38. Is that the registration

form?

A. Yes, Sir. It is.

Q. Who is that from?

A. That is from Paul Costello who is from the South Boston

Ancient Order of Hibernians. Under “remarks,” he says he

has been instructed by the national president that his group

cannot march in the parade if the GLIB organization is allowed

to march in it.

Q. Would you briefly describe this?

A. This is a letter from one of the commanders of the existing

Allied War Veterans Council, the South Boston VFW.

It was sent to the chief marshall, from the commander,

informing the chief marshall that they cannot come into the

A101

parade. The cause of the ruling was the GLIB organization

marching in the parade.

Q. Did they march in the parade?

[391] A. They’ve marched in the parade ever since 1947 or

so. They never missed. I think they missed this year for the

first time.

Q. Did they state their reasons in that exhibit?

A. Yes, they did. ;

Q. Exhibit 39 —

THECOURT: I’msorry, what is that Exhibit number?

MR. DARLING: Fifty, 5-0. I’m sorry.

Q. I show you Exhibit number 39. Can you identify this?

A. It’s from the Immaculate Heart of Mary band. It’s a

great band; nice youngsters in it and they had stated that they

will be in the St. Patrick’s Day/Evacuation Day Parade in '93

on this form here.

However, they did cancel out once the GLIB organization

was permitted in the parade by court order.

Q. We have an unmarked exhibit. Can you identify this

please, Mr. Hurley?

A. This is the Right to Life. There is also a group, The

Immaculate Heart of Mary Marching Band.

This scene was taken in Perkins Square, South Boston?

THE COURT: Are you offering it in evidence?

MR. DARLING: Yes, Your Honor.

{392] MR. CRONIN: No objection.

MS. McKELWAY: No objection, Your Honor.

THE COURT: It will be marked and received as-

Exhibit 106.

(Exhibit 106, marked; Photograph. )

Do you see St. Patrick there, in Exhibit 106?

Yes, I do.

Do you happen to know who he ts?

. That’s Brother Joe.

>O>O

A102

Q. St. Patrick in the form of Brother Joseph didn’t march

in the °92 or 93 parades, did he?

A. No, he didn’t.

Q. Mr. Hurley, going back a few years, you were the chief

marshall in 1964. Is that correct?

A. Yes.

Q. Did the NAACP seek to march in that year?

A. Yes.

Q. What was the response of you personally? Did you re-

ceive the inquiry?

A. We received the application, brought it before the Allied

Council. The Allied Council voted to allow the NAACP in

the St. Patrick’s Day/Evacuation Day Parade in 1961.

Q. You know the NAACP is not an Irish pipe band is it,

Mr. Huriey?

[393] A. No. It isn’t.

Q. Did you have discussions with them as to what form

they would take when they marched? Would you give us a

little insight as to how the process worked?

A. Well, at that time we told them that their float would

have to be patriotic or Irish in nature.

Q. Did they conform to that?

A. They did.

Q. I’m asking you individually, Mr. Hurley, because we

can’t walk into the mind of the veterans why they decided to

accept it. What was your understanding of why that group

wanted to march?

A. Well, they were fighting for their civil rights. We figured

the Irish did that years ago and probably still are so that was

the basis of my vote.

* * *

[413] Now, Mr. Hurley, have you or the Veterans ever

excluded any individual from participating in the St. Patrick’s

Day Parades because of their sexual preference?

A. Not knowingly, no.

A103

Q. I’m sorry?

A. No, never have, not knowingly.

* x *

[417] Would you define the nconnensnny and duties of a

parade adjutant, please?

A. Well —

Q. As a matter of fact, would you describe — fine, answer

the question.

A. The parade adjutant sets up the parade in cooperation

with the Allied Council, the chief marshall, and the chief of

staff, probably working [418] eight or nine months, whatever

it takes in the Council’s experience. Then it goes right up to

the day of the parade and he can make any decision that he

wants as to late entrants because we do have people that try

to get in, you know, the day of the parade or the day before.

Q. Well, inthe tape we saw, that was the ’93 parade, right?

A. Yes, sir.

Q. In the ’93 parade the Bruins marched and they were

parse in at the last minute; is that correct?

I didn’t see the Bruins until probably 20 minutes before

saa time on the morning of the parade.

Q. And did you have the authority to admit them on the spot?

A. Yes, I did.

Q. And is that authority part of the responsibilities of the

parade adjutant on parade day —

A. Yes.

Q. — to take care of the last-minute stuff?

A. Everything we do — most of the things we do from the

Allied Council is — over the years it caused [419] confusion,

so —

Q. When there are groups like GLIB, or the KKK, or, for

a period of time, the Right to Life, and NORAD, there was

A104

continual discussion amongst the Veterans and the Council as

to whether to admit a group that perhaps we could characterize

as controversial; is that right?

A. That's right.

Q. And if the Bruins showed up with the Boston Celtics

and the Boston Red Socks, would you let them all march?

A. I certainly would. That would be my judgment call. It

would be for the betterment of the parade.

Q. I trust you’d be happy to have them all?

A. I certainly would.

x * *

[485] JOHN J. “WACKO” HURLEY, RECALLED.

EXAMINATION

(By the Court):

Q. I want to be as complete and as clear as I can, so I'll

ask you to indulge me.

You testified earlier that your view in °92 would be the

same today, that you would be opposed to GLIB’s participation

because of the inclusion in their contingent of members, you

understand — of persons you understand to be members of

Act Up and/or Queer Nation; is that right?

[486] A. That’s correct, sir.

Q. Okay.

And the basis for that position is that the view of such

persons, you understand, are repugnant to the values of the

parade, or such persons could not be counted on to be orderly,

or what is it you're focusing on in drawing the distinction that

you have?

A. Well, I’m glad you asked that question, your Honor,

because this has been going on for a couple of years. And the

message that we’re trying to put out there is the Allied War

Veterans Council and John “Wacko” Hurley have no — none

A105

whatsoever — feelings of any nature against the gay/lesbian,

male/female, whatever.

We do and we will continue to have animosity against radical

groups that are trying to come into our town, throw condoms

around, give us various hand gestures and whatever. And I’m

here to give credit to our town. I think they’ve taken 50 paces

backwards since they started this nonsense two years ago.

So, my beliefs are still the same, sir.

Q. Thank you, sir. I’m not sure I understand you.

[487] Is it your view that any contingent including such per-

sons has to be excluded on account of what you understand

to be their values and views contrasted with your own, or is

it your position that any contingent including such persons has

to be excluded because they cannot be counted on to march

in an orderly way?

A. Well, there are two parts there, sir. I think I do only

have one vote and I would use it. And I have one voice and

I’d use that to keep a group out that — not to just keep them

out because they don’t think my ways. If that was so, then

there wouldn’t be anybody marching in the parade because I

do have ideas.

But any group that wants to can enter the parade — they’re

certainly welcome — but not when they are radical groups

going against our traditional values of our town and our people.

Years ago — .

Q. Wait, sir.

So that even if you could count on their orderliness, because

of the repugnance of their views to you, you would recommend

against any contingent that includes such persons?

A. Yes, Sir.

Q. Okay; that answers my question, Mr. Hurley.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.