UP IN SMOKE: SPENCER'S EMPLOYEES ARRESTED FOR SELLING HOOKAHS

Hanover Mariner (18 Jan 2006)

Friday the 13th certainly proved unlucky for two South Shore teens working at the Hanover Mall.

On Friday afternoon, Hanover Police arrested two Spencer Gifts employees and seized 28 hookahs - large smoking devices of Middle Eastern origin - from the Hanover Mall store.

[Name redacted], of Halifax and Assistant Manager [Name redacted], of Braintree were taken into custody and charged with violation of laws prohibiting the sale or distribution of any item that, according to state law, one should reasonably know "will be used to inject, ingest, inhale or otherwise introduce into the human body a controlled substance." Hookahs are legal in the U.S. much the same way pipes and rolling papers are legal. Traditionally, hookahs are used to smoke sweet and flavored tobacco. The arrests were made a day after Hanover Narcotics Officer Jonathan Abban conducted an undercover operation at the store, during which [Name redacted] sold him a hookah and, according to police, gave Abban advice on how to smoke marijuana with it. The operation led to a search warrant which was issued by Hingham District Court, and executed the following day, Friday, by Abban and Hanover Lt. Walter Sweeney.

[Name redacted] and [Name redacted] were released on bail and their own recognizance. By selling hookahs and other drug-related paraphernalia, including T-shirts and posters with marijuana insignias on them, Hanover Police Chief Paul Hayes said Spencer's is undermining the department's drug awareness and educational programs, particularly the annual Drug Awareness Week program which is held at the Hanover Mall.

"It's kind of a kick in the face," Hayes said. "With all the work we do trying to educate the community about the dangers of drug abuse, it's insulting for [Spencer's] to turn around and sell things like hookahs. "Kids go in that store all the time," Hayes added. "They see that stuff, they think it's cool and funny, and it isn't. It's all about a profit margin for the store. They don't care who sees it or who buys it, as long as they're making their money."

Spencer Gifts has a reputation of being edgy in terms of the products they sell. Crude gag gifts, erotic games and drug and alcohol-related paraphernalia have been sold at the store since it opened in the Hanover Mall more than a decade ago.

Recently, Spencer's also began selling beer bongs - essentially, plastic funnels with a long tube attached at the bottom, designed for the rapid consumption of alcohol.

Representatives from the Hanover Mall and the Spencer's store declined to be interviewed, and Spencer's corporate headquarters did not return calls. On Tuesday, George McElroy, [Name redacted]'s attorney and a Hanover resident, described the arrest of the Spencer's employees as "prosecutorial abuse." He also indicated that Spencer's corporate offices are looking to take responsibility in the matter. According to McElroy, lawyers from the Spencer's offices were on hand at Tuesday's arraignment at Hingham District Court to lend their support for [Name redacted] and [Name redacted].

"Spencer's has said that it wants to take the heat for this," McElroy said. "They can't have kids being brought up on charges for something that the store sells all over the country."

"We have real criminals in Hanover, and the police need to be out catching them," McElroy added, "not prosecuting kids in the mall for selling a perfectly legal item."

According to McElroy, [Name redacted] has been offered a plea agreement of eight hours of drug-education class at High Point and eight hours of community service. At press time, [Name redacted] had not accepted the plea agreement. McElroy maintained his client's innocence in the matter, and indicated that a plea agreement was not likely.

"He didn't do anything wrong," McElroy said. "He sold a perfectly legal product to an over-eager cop, and now they want to drag him through the mud for it. This is a good kid, and we're not going to agree to plea that labels him a drug offender when he isn't. He's never done a drug in his life, and if necessary, he'll take a test right here."

If convicted, [Name redacted] and [Name redacted] face a maximum sentence of up to two years in prison and fines of up to $5,000.