Spencer’s hit with paraphernalia charges

ARTEMIS COUGHLAN, Staff Writer 02/02/2006

MIDDLETOWN, Pa. -- The manager of the Spencer’s Gift store at the Oxford Valley Mall and the CEO of Spencer’s Gift, LLC had drug paraphernalia charges lodged against them after police seized water "bongs" and other marijuana-related items, police said yesterday.

Spencer’s CEO and President Steven Silverstein, 46, of Summit and store manager Wayne Oles, 53, of Philadelphia, were charged with delivery of or possession with the intent to deliver drug paraphernalia and criminal conspiracy.

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The misdemeanor charges come after a raid on Sept. 21, 2005 when Middletown police Detective Dan Baranowski went to the store and bought a $39.99 bong, or "hookah" and a number of posters depicting marijuana and one that said "Johnny likes thin girls, but he never turns down a fattie."

A "fattie" is street slang for a large marijuana cigarette or blunt, Baranowski said in the affidavit of probable cause with the criminal complaint.

He also purchased a poster that had a picture of a jar filled with a green substance that appeared to be marijuana.

When Baranowski visited the retail store on Sept. 14 he also saw key chains, T-shirts,, hats, leis of imitation marijuana leafs, stationary, incense, headbands, boxer shorts, candles, ice cube trays, coasters, dishes, glasses, phone books, chess sets, cookie cutters and more depicting marijuana themes or pictures some of which were subsequently seized, according to the affidavit.

"When you combine the various above items depicting marijuana usage with the hookahs or water bongs, it is apparent that the company is creating the appearance that the hookahs are for marijuana use.

"The message on all these items being sold is certainly pro-drug use. From what the store offered for sale, there is no difference between Spencer’s Gifts and any other ‘head shop’ that sells drug paraphernalia," Baranowski said.

"This is certainly irresponsible marketing for a store to sell such items at a public mall where families and children shop. With such a flagrant attitude of acceptance towards drugs and promotions of drug use, as displayed by companies like Spencer’s, it is no wonder why so many kids make the wrong decision to start using drugs," Baranowski said.

"What are kids supposed to think when this stuff is sold at their local mall? I would hope that Spencer’s Gifts, or any other company, would not sell any similar drug-related items in the future just out of social responsibility, if not the law," he said.

The water pipes did say on a sticker on the package that "This item is intended to be used for smoking legal products only."

But when the store clerk was asked by Baranowski why put the sticker on the box when the only thing they’re used for is to smoke pot, the clerk responded "That’s the only thing I know that they’re used for," according to the affidavit.

Based on what Middletown police found in the Oxford Valley Mall, the Bensalem police went to the Spencer’s in the Neshaminy Mall and also seized bongs or hookahs, Baranowski said.

During last September’s raidMiddletown police reported they also seized"pot pops", or pops made with hemp oil that carry the slogan "Tastes Like the Real Deal" along with other marijuana -- related items.

At that time Spencer’s officials maintained the merchandise they’re selling is perfectly legal.

"Spencer’s is a lifestyle retail brand and we sell accessories that support our guests’ lifestyles. Our store is about expression. There are forms of expression in the stores such as humor, room decor, and personal accessories. We don’t sell anything illegal," Heather Golin, director of corporate communications, said last September.

"Our pot leaf merchandise is just merchandise with a pot leaf on it. It’s a symbol only and a form of expression.

"The hookah is a cultural phenomenon that’s been around for thousands of years. There’s hookah bars and lounges all over the United States and in Philadelphia where people smoke tobacco," Golin said.

Spencer’s Gifts has been in business since 1946 and has been in the mall arena since 1964. The company’s targeted customers are between the ages of 18 to 24, Golin said, essentially kids in an age of rebellion.

According to the affidavit, "when Baranowski spoke to Silverstein, the CEO said they are a private company that does not sell stock and that his store ‘is part of a cultural phenomena.’"

"It is ultimately my decision what gets sold in our stores, but we listen to customers," Silverstein said, which was included in the criminal complaint.

He described the stores as an "irreverent retailer who challenges authority."

"We cater to what people want -- if this is what they want, we’ll sell it to them," Silverstein said adding that he still plans to sell all of the merchandise, except the bongs in Bucks County only.

If found guilty on all charges the two men face a maximum fine of $5,000 and two years in prison.

Oles was not in the store yesterday and could not be reached for comment, and Silverstein did not return calls.