From Coffeeshop, LLC v. Alcoholic Beverages Control Comm'n, decided Monday by the Appeals Court of Massachusetts (Justices William Meade, Sabita Singh & Paul Hart Smyth):
At 7:10 P.M. on Saturday, September 29, 2018, members of the Cambridge police and fire departments arrived at the plaintiff's business for an enforcement matter regarding its use of candles. After observing five to ten lighted votive candles in glass on the bar and tables, the officials spoke with Courtney and Dietrich [then-owners of Coffeeshop, a wine bar], who each recorded most of the interaction.
The officials instructed Courtney and Dietrich to extinguish the candles. Courtney refused and demanded that the men show her the text of the laws that the plaintiff's use of candles violated. The officials attempted to read aloud a law purportedly governing the use of the candles; Courtney interrupted them and said that the law in question was inapplicable, which as discussed below is correct.
As the conversation continued, the group moved outside. One of the officials then called a supervisor, who arrived at the premises at 7:35 P.M. While Courtney spoke to two of the officials, the other officials returned inside the premises to shut down the establishment. Once an official asked an employee to turn the music off, Courtney relented and extinguished the candles "under protest." After she extinguished the candles, Courtney asked the officials for their business cards or identification. As they were leaving, at approximately 7:53 P.M., Courtney stated "you will live to regret this."
