Pride Goeth Before The Nol Pros

The Massachusetts Supreme Judicial Court declined to order relief sought for a District Attorney’s decision not to charge protestors, affirming the conclusion of a single justice

The complaint stems from the district attorney’s decision to nol pros several cases against individuals who were arrested at a “Straight Pride Parade” in Boston on August 31, 2019, and at a rally that followed the parade. Those who were arrested apparently were at the parade and rally to object to those events. They were charged with an assortment of crimes, mostly disorderly conduct and assault and battery on police officers. Del Gallo alleges that, as a marcher in the parade and a speaker at the rally, he was a victim of the disorderly conduct2 because the conduct interfered with his right under the First Amendment to the United States Constitution to participate in the events, although it is difficult to find any specific allegation in his lengthy complaint suggesting that any of the charged individuals or their conduct actually prevented him from marching or speaking or even interfered in any way with his doing so.

Various contentions failed to persuade

we cannot imagine that the Legislature intended to confer “victim” status on someone in Del Gallo’s position simply because he or she was involved in an event’s planning and was disappointed that the event ultimately was met with protest and allegedly was marred by disorderly conduct.

(Mike Frisch)