# Amicus Curiae Brief — Hurley v. Irish-American Gay, Lesbian and Bisexual Group of Boston, Inc. > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/brief%3Amicro_IA40386012_0701%3A07 ## Record - **Collection:** Supreme Court brief - **Document type:** Amicus Curiae Brief - **Published:** January 1, 1995 - **Citation:** 515 U.S. 557 ## Text b SOUTH BOSTON ALLIED WAR VETERANS COUNCIL, v. 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 Al 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. A2 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 02/22/93 12/15/93 12/22/93 12/22/93 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 12/24/93 12/24/93 12/24/93 A3 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 A4 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) AS 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 A6 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 register to march in the annual Evacuation Day/St. Patrick’s 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 A7 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. A8 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 register for and march in the 1993 Parade. 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 A9 (“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 3 : : : ; i ; : . : 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 register for and march in the Evacuation Day/St. Patrick’s Day 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] Al5 COMMONWEALTH OF MASSACHUSETTS SUFFOLK, SS. SUPERIOR COURT DOCKET NO. 92-1518-A IRISH-AMERICAN GAY, LESBIAN AND BISEXUAL GROUP OF BOSTON, Plaintiffs, V. 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 Al7 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- Se 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 ae 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 Budweiser City Councillor John Nucci ¢ Springfield Central High School Band Reading Youth Baton Squad Massachusetts State Police M.D.C. Color Guard and Vehicles -_ 0 A34 Suffolk County Sheriff’s Department and Vehicles Sponsored by Sheriff Robert Rufo MBTA Color Guard, Vehicles and McGruff Crime Dog Boston Municipal Police Department National Parks Service Rangers and Vehicles Irish Police Marchers Wolcott High School Eagles Band, Wolcott, Connecticut Sponsored by World Cross Country Championship Race Committee WZOU 94.5 FM Trolleys, Floats Sponsored by Houlihans and Irish Mist North Attleboro High School Band Sponsored by Shubert’s Smoke Shop Irish Basketball Players Irish Currah Rowing Club Float South Boston Community Health Center Van Float South Boston Residents Group SECOND DIVISION (Assembly inside Gillette Company parking lot Floats line-up on Dorchester Avenue) South Boston Citizens Association, Bernie O’ Donnell, President Miss South Boston, Miss Ice-O-Rama, Miss Jr. lce-O-Rama Lexington Minutemen Sponsored by Hub Video AFL-CIO Trolley Float and Marchers WZLX 100.7 FM Float Medway High School Band Sponsored by Pepsi-Cola “Gotta Have It” V.F.W. Groups | American Legion Groups D.A.V. Groups E.P. Clark American Legion Color Guard with Model T Ford Tin Can Sailors Westbrook Fife and Drums Sponsored by Perkins Post A35 Acton-Boxborough High School Band Sponsored by South Boston Savings Bank WAAF 107 FM Rock Bus and Marchers The Wheelmen Antique Bicycles, Charlton, Massachusetts Ancient Order of Hibernians Truck Float Attleboro High School Band Sponsored by Mt. Washington Cooperative Bank Reading Youth Baton Squad Braintree Braves Drum Corps Middlesex J. Fife and Drums Frank Moynihan Disk Jockey Trolley Float NORAD/Currans Trolley, Float and Marchers Colonial Band of Lawrence Sponsored by Amrheins Restaurant Mass. Citizens for Life Immaculate Heart of Mary Band and Float Put America to Work Float THIRD DIVISION (Assembly inside Gillette Company parking lot Floats line-up on Dorchester Avenue) Whitman-Hanson High School Band Sponsored by Irish American Society of South Boston Salem, N.H. Joeys Clowns and Float Cartoon Characters Sponsored by Hub Video and The Quietman Pub Holy Name Band, West Roxbury, MA Michelle Victoria, Suffolk County Jr. Miss St. Patrick’s Ladies Pipe Band, Nashua, N.H. Sponsored by Burke Distributors Regiment de Saintonge Lowell High School Band Sponsored by The Blackthorne Pub 28th Mass. Volunteer Regiment, Civil War Marchers A36 9th Mass. Volunteer Regiment Nathanial Warner Militia * Dedham High School Band Earth Day Marchers * Lincoln High School Band, Warwick, R.1. GENERAL ORDERS The parade will start promptly at 12:45 p.M., 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 reviewing stand at O Street and East Fourth Street. The Chief Marshal and his Staff 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 be- tween organizations: 50 (fifty) yards distance is the maximum. A37 By order of THOMAS J. LYONS Chief Marshal. OFFICIAL GENE VAILLANCOURT Parade Adjudant. These orders SUBJECT TO CHANGE as seadtiniee warrant. Special thanks to BNN Access Cable for their cooperation in televising this event. SAY “NO” TO DRUGS, AND WE ALL PRAY FOR WORLD PEACE CITY OF BOSTON PRINTING SECTION A38 OFFICIAL ROSTER Evacuation Day and St. Patrick’s Day Parade Sunday, March 14, 1993 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 a 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 no 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: WHEREAS: WHEREAS: 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 $1 abvg “syaam on} Auf puana ay) pauodjsod poy moug ‘aposng hoc 8,4914,04 1S 8,uojsog ymnog ut srtuimipaddn P949D9Q-ANOD puodes 4194} U2 ADpsajsah s1aay9 maap O8)v yng 8aryUaI8gG0 YjUN JouL B4aM siayoivu KOS — DNL TI9 CDG q ‘ ° ives 3N3389 TWE / O10Hd 4401S 38079 Ne ( eh Ebl bz }< A68 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 [Text truncated at 120,000 characters. The full text is on the page linked above.] --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/brief%3Amicro_IA40386012_0701%3A07. Public record. Not legal advice.