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City solicitor: commission may ask who an event is for but must be careful how that information is used
Summary
City Solicitor Wood told the Lowell Licensing Commission the law department sees "no harm" in asking applicants to state on whose behalf an event is held, but warned that the commission must not deny permits on the basis of viewpoint or political content.
City Solicitor Wood told the Lowell Licensing Commission on Jan. 30 that the city law department had reviewed whether the commission may ask one‑day event alcohol applicants to disclose on whose behalf an event is being held and concluded the commission is within its oversight power to ask.
"I see no harm in asking," Solicitor Wood said, adding a caution: "I think there's a distinction between what can be asked and what can be used as a basis to deny an application." He said he is the department attorney responsible for constitutional compliance and advised commissioners to avoid basing denials on the content of a group's political message.
Wood told commissioners the standard for granting one‑day alcohol licenses centers on whether the manager is responsible. He said that, should a problematic group seek a license, the commission could evaluate whether the proposed manager met the responsibility standard rather than denying a permit solely based on the group's views.
Commissioner Krieger raised a historical example about marchers in Illinois and asked whether the Supreme Court had ruled permissively in that context. Wood said there may be distinctions in specific cases but reiterated that responsibility of the manager is the relevant standard for the commission’s licensing decision.
Commissioner Donahue said it would be useful for the police and commission to know in advance who is behind large one‑day events so public safety and logistics can be managed. Donahue asked staff to add a line to the one‑day license application for the name of the party on whose behalf an event is held. Secretary Peyer said staff would ask applicants to disclose that information until the application form is formally amended.
The solicitor’s comments followed an earlier commission discussion in December about whether applicants could be asked to disclose the sponsoring party for one‑day alcohol licenses. Solicitor Wood offered himself as available to answer additional legal questions should commissioners encounter a contentious application.
