Robbins Report

Cash: legal tender for all debts, public and private, but not in Barnstable

Money tight? Barnstable Police mandate it's cash up to $50 and checks after that

  Members of the Barnstable Licensing Board make their ruling on proposed changes to the regulations that govern junk dealers.

Story & photographs by Peter Robbins

Times are tough and many folks are feeling the pinch.  For many on the Cape, hours have been cut and some are on unemployment, waiting for the spring season to roll around and for things to pick up a bit.

For some a trip to a "junk dealer" with a piece of jewelry or a coin collection may mean being able to bridge the gap between one paycheck and the next.  But if you need that cash fast, you might run into a bit of a stumbling block courtesy of the Barnstable Licensing Authority and the Barnstable Police Department.

Message loud and clear

At Monday's Licensing Authority meeting the message to Cape junk dealers was loud and clear.  As of May 1st, any purchase made by a dealer exceeding $50 must be paid by check.  As if that new rule isn't crippling enough, dealers will be required by the town to hold all precious gems and metals, including coins, for 21-days.

Changes to the current rules governing junk dealers were proposed back in January.  The proposed changes were applauded by members of the Barnstable Police Department who spoke at the January public hearing about a rise in crime and how tighter controls on transactions would slow the increase in property crimes.   

Attorney Richard Cohen represented one junk dealer at the original hearing and was present at Monday's hearing as well.  Attorney Cohen and Town Attorney David Houghton agreed to disagree over some issues pertaining to the proposed changes and remained complimentary of one another's efforts.  Both attorneys further acknowledged that some changes in language may still have to be made in the future.

Douglas Sinclair, a junk dealer in the town of Barnstable addresses the Licensing Authority.

Overstepping authority?

During the hearing, it was agreed that the 21-day holding period can be shortened at the discretion of the Police Chief or his designee should the dealer demonstrate a financial hardship in writing. 

As he had done during the previous hearing, Cohen questioned the board's authority in making a criminal penalty at the $51 mark.  "You cannot pass a criminal law, only the legislature can do that," said Cohen.  He also pressed the issue as it related to coins, stamps, and books suggesting that it was in direct conflict with Chapter 140 Sec 55 of the Massachusetts General Laws which states in part; Chapter 140 Section 55 Junk Dealers; penalty; exceptions; ....................The purchase, sale or barter of books, prints, coins or postage stamps shall not be deemed to be the purchase, sale or barter of second hand articles within the meaning of this and the preceding section.

Police stick to their guns

Detective Sergeant Murphy of the Barnstable Police Department offered continuous testimony to the Licensing Authority for support to the new changes. Murphy assured the board that requiring payment by check would create another layer of security offering better protection to the citizens of Barnstable as it would assist the department in identifying suspects who may have committed a crime by viewing bank security tapes.

Security tape viewing would also help determine if the item was indeed sold to the junk dealer by the rightful owner.  Although it was acknowledged during the meeting that drug addicts need cash as drug dealers do not take checks.  So the notion of the junk dealer stoping payment on a check as a means of protection wasn't as valid an argument as it originally seemed.

An emotional plea

"We are an asset to the community, not the bad guys," said Sinclair.  "You are going to be driving business out of town. I have recovered metals, jewelry and diamonds for the police many times."

One junk dealer, Douglas Sinclair, made an emotional plea before the board. Sinclair cautioned the board about fairness when making rules on the local level that could one day have an impact on a larger level.  He asked the board how they could limit the way business is done by creating hardships for small businesses such as junk dealers.  As a small business, junk dealers must trade daily and the $50 cash limit and the 21-day waiting period could have a disastrous affect.   Echoing the words of Attorney Cohen, Sinclair called the $50 cash limit unconstitutional  and like Cohen, read from a dollar bill, "This note is legal tender for all debts, public and private".

"We are an asset to the community, not the bad guys," said Sinclair.  "You are going to be driving business out of town. I have recovered metals, jewelry and diamonds for the police many times."

The board thanked Mr. Sinclair for his heartfelt words, but it appeared that the die had already been cast.  Members of the board spoke of packages containing new license renewals destined for the mailboxes of the town's junk dealers. 

As a supervisor of the Barnstable Detective Division for the past two years, Detective Sergeant Murphy has not only seen an increase in the abuse of Oxycontin and Percoset 30, but, as he explained to the Licensing Authority, an increase in thefts and the sale of items for cash to purchase illegal drugs.

Other towns will be watching

According to Murphy, the changes being made to licensing of the junk related trade in Barnstable are being closely watched by other towns who are "keeping an eye on this issue".  How the changes play out in Barnstable may have an effect on other Cape towns who may adopt similiar regulations one day. 

When asked if opposing parties would be pursuing further legal action, there were no comments. 

Like the title of the Jean Shepherd novel, "In God We Trust, All Others Pay Cash."  We can't talk about God anymore--is cash on its way out next?

Read the previous two stories here:

• Changes proposed for Barnstable junk dealers
• In Barnstable, changes to junk dealer regulations are challenged