State turns down Kerry concert bid on security grounds

State officials rejected John Kerry's request yesterday for a Boston Pops concert on the Esplanade during the Democratic National Convention, saying it would require a massive security effort and create gridlock amounting to a "serious public safety hazard."

In a letter to the Department of Conservation and Recreation, which issues permits for performances on the Esplanade, Public Safety Secretary Edward A. Flynn said the concert would pose a security risk that the city couldn't handle.

With Boston strained by traffic and security precautions during the week of the convention, the "necessary personnel and resources needed to properly secure the proposed event will not be available," Flynn said in his letter.

Speaking to reporters at a press conference shortly after federal security officials warned about terrorist threats during the run-up to November's elections, Flynn said the difficulties would be compounded by the short time remaining before the concert.

"We have spent 18 months planning this particular event," Flynn said of the Democratic convention. "Quite frankly, the planning capacity in the remaining three weeks, to police an event that might have 200,000 to 500,000 people attending it, simply isn't there. This is one additional event that would be inappropriate at this time with the current threat conditions and the available resources."

Commissioner Katherine F. Abbott of the Conservation Department immediately issued a brief statement denying the Kerry campaign's request for a permit.

The decision was made days after city officials, already engaged in a public spat with Kerry over perceived snubs in recent weeks, raised questions about the concert. They questioned whether an event organized by a political campaign would be legal at the Hatch Shell, whose use is restricted to public events under terms of the state trust that controls it, and whether it would strain police resources. Flynn's ruling did not address questions about the legality of the event at the Hatch Shell.

Flynn said that politics played no role in the decision and that Governor Mitt Romney, a Republican, had no influence over the recommendation.

"It was charged to me to make the decision strictly and narrowly on public safety grounds," Flynn said. "The governor's office was adamant about that."

The Kerry campaign began the application process in May, proposing a free July 28 event featuring James Taylor, the Boston Pops, and a fireworks display. Aides described it as a way to give something back to the people of Boston and said Kerry was "quite hell-bent for it."

But criticism came from several quarters, as some residents complained that the event would atttract several hundred thousand people, creating more headaches in a city already inconvenienced by the convention. Some convention planners pointed out that the event would have taken place the same night that police and other security forces would be needed for the vice presidential nominee's address at the FleetCenter.

Kerry's senior campaign adviser, Michael Meehan, said he was disappointed that the permit application was rejected without giving the campaign a chance to address security concerns.

"The permit was applied for two months ago, and we never had a chance to discuss any of their concerns," Meehan said.

He said the campaign will still try to host a Pops concert or other event to "thank the people of Boston and Massachusetts for staging the convention," though other campaign officials said it might be after the convention.

Friction had been increasing between Mayor Thomas M. Menino and Kerry, who canceled plans to speak at the US Conference of Mayors in Boston rather than cross a union picket line. Menino later called the Kerry campaign incompetent, saying he suspected Kerry's aides had leaked a story that the mayor hung up on Kerry during a heated phone call. Menino has denied hanging up on Kerry.

Menino also had been angered when Kerry floated the idea of not accepting the nomination at the convention to store away more campaign funds.

Though Menino has publicly insisted that his problems with Kerry have been overblown, aides have said he remained miffed.

Menino would not comment yesterday on the state's decision. His spokesman, Seth Gitell, said the action was "not Mayor Menino's."

A spokeswoman for Romney, who had spoken in Kerry's place at the mayors' conference, insisted that politics was not a factor it the decision.

"Absolutely not," said the spokeswoman, Shawn Feddeman.

Despite security concerns about a Pops concert on the Esplanade, the city will host a Pops concert at City Hall Plaza during the convention.

Boston 2004 president David Passafaro said the City Hall event poses much less of a security problem because it will take place Sunday night, before the convention officially begins.

"We don't have the deployment of security people in the FleetCenter [on Sunday] in the kinds of numbers there would be on the proposed day of Wednesday," he said. "The difference in the dates is fairly critical."