by Jennifer Peter, Associated Press
Boston (AP) - A local peddler of erotic books and videos will be allowed to join the State Police Academy on Monday, a federal judge decided Friday.
U.S. District Court Judge George A. O’Toole Jr. ruled Eugene O’Neill’s involvement with two adult bookstores “has no direct relationship to his abilities to perform satisfactorily the duties of the State Police.”
O’Neill, 38, of Arlington, sued the state in February, charging that the State Police had violated his First Amendment rights when it rescinded a conditional job offer because of his part-ownership of the two stores.
The police told O’Neill he could attend the academy class, which begins Monday, only if he sold his interest in the stores, located in Somerville and Marlboro.
O’Neill declined comment Friday through his attorney, Shannon Liss-Riordan. She called the decision a victory for free speech.
“I am pleased that the court recognized Mr. O’Neill’s interest in exercising his rights under the First Amendment,” Liss-Riordan said.
A police spokesman confirmed that O’Neill would be allowed attend the six-month training course, but said the litigation is not over.
The police maintain they have a right to approve any outside employment for a trooper. In the past, state police have denied requests from troopers to work a firefighter, an auto auction consultant and a professional boxer.
“If the case is eventually decided in our favor, we can take action against Mr. O’Neill,” State Police Capt. Robert Bird said. “We can tell him to divest himself of the bookstores or leave the department.”
The judge ruled Friday on an immediate request to allow O’Neill to attend the academy. O’Toole said that O’Neill would not enter active duty until he had successfully completed the six-month course.
“By that time, the issues presented in this action can be fully litigated to a final judgment,” O’Toole wrote.