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Track turkeys

Around 8:45 a.m., Boston's Leslie Knope reported this potentially fowl problem on the Green Line in Brighton, but based on the lack of T alerts, the gaggle was gone by the time any trolleys pulled through.


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Fitchburg trains were wicked late; line had a problem with freight

MBTA Commuter Rail reported one Fitchburg Line train was 60 minutes late due to a deceased freight train on the tracks; other trains were reported only 50 minutes late.


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Orange Line riders might have a frown: There are signal problems in Charlestown

The MBTA reports ongoing delays on the Orange Line this morning due to signal problems near Community College.


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Two-alarm fire damages home on Forest Street in Roxbury

Boston firefighters responded shortly before 8:45 a.m. to 25-27 Forest St. in Roxbury for what turned into a two-alarm fire.

The department reports no injuries. Four residents and a bird were displaced, the department says.

Fri, 03/15/2024 - 08:40


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Cambridge Police's need to maintain public trust outweighed cop's right to post that George Floyd was 'a career criminal, a thief and druggie,' judge rules

Cambridge Day reports a federal judge this week dismissed a lawsuit by a Cambridge cop who was disciplined for a Facebook post he made while off duty in which he made disparaging remarks about George Floyd in 2021.

In her ruling, US District Court Judge Angel Kelley acknowledged that Sgt. Brian Hussey has a First Amendment right to speak his mind, that:

Discouraging Hussey and other officers from participating as citizens in discussions about public safety, police brutality, and racial profiling would deprive the public of a valuable viewpoint.

But, she continued,

Here, the Court is persuaded that the Defendants' strong interest in maintaining public trust outweighs the interest Hussey had in making his Facebook post. The timing here is a crucial factor - Hussey's statements came mere months after Floyd's killing galvanized public criticism of policing and racial disparities, including in the City of Cambridge and the greater Boston area. The vast majority of protests were peaceful, yet departments across the country met many of those same protests with tear gas, arrests, flash grenades, and more - sometimes with fatal consequences for demonstrators. Some of the protests turned violent and the ensuing riots set ablaze local businesses, restaurants, news buildings, and even a police department building. A number of police officers sustained injuries during such incidents. In the weeks that followed, as the names of more Black persons, like Breonna Taylor, became synonymous with police brutality and impunity, it poured fuel on the collective fury against police departments and ignited new rounds of protests. These demonstrations were often accompanied by calls to reform, defund, and even abolish police departments. It is thus understandable that in the months that followed, the Cambridge's Police Department's sensitivity to public perception was heightened, especially regarding discussions related to victims of police violence.

The effectiveness of the Cambridge Police Department, and any police department, depends on the maintenance of public trust. Acting in a biased manner, or creating a perception thereof, undermines that trust. ... The centrality of trust is highlighted by the Cambridge Police Department’s Mission Statement, which describes the Department's mission as partnering "with the community to solve problems and improve public safety in a manner that is fair, impartial, transparent, and consistent."

Hussey also argued his post did not undermine public trust in the Cambridge PD because only his Facebook friends can see his page and he removed the post in question a couple hours later. Kelley, however, noted that in the time it was up, somebody took a screenshot and then forwarded it to the local NAACP chapter, which then contacted Police Chief Branville Bard. She wrote:

Bard was not obligated to wait until the issue developed into a broader controversy, particularly given his concerns about the backlash the Facebook post could generate and his assessment that its characterization of George Floyd undermined the Department’s goals [of maintaining public trust].

And so:

Ensuring the free participation of the people in discussions of public affairs is of paramount importance - including for individuals who are employed by the public. The Court recognizes a limited exception to that principle here because the Defendants' disciplinary actions were reasonably calculated to prevent disruption to the Cambridge Police Department, via a further breakdown of trust from community members, that Plaintiff's comments could have caused.


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Man who shot at cops after crashing his car in Franklin Park gets 15 to 18 years

A career criminal was sentenced to 15 to 18 years in prison for a 2022 chase that ended with him shooting at cops, missing, running away, aiming the gun at other cops, then getting shot himself, the Suffolk County District Attorney's office reports.

A Suffolk Superior Court jury convicted Jeff Anilus, 33, of Randolph, on two counts of assault with a dangerous weapon (gun), possessing a firearm without a license and possessing a loaded firearm without a license in January. Judge Josh Wall then sentenced Anilus yesterday after officially declaring him an armed career criminal, based on past drug and assault convictions, the DA's office reports.

The DA's office provided this account of events shortly after midnight on March 31, 2022:

Boston police on patrol near Blue Hill Avenue and Columbia Road observed a Honda Civic driving the wrong way on a one-way road. They attempted to stop the car and the car sped off, and shortly after crashed into stone barriers along Jewish Memorial Drive near the Shattuck Hospital. Officers saw the driver, later identified as Anilus, retrieve an object from the vehicle and then flee on foot. Officers gave chase. In the Shattuck parking lot, Anilus turned and fired a shot at the officers, hitting a tree instead. The officers reported shots fired, drawing more officers to the scene.

After firing the shot Anilus ran into a wooded area behind the hospital. An officer searching the area saw Anilus lying in some brush, with a gun pointed directly at the officer. The officer commanded Anilus to drop the gun and show his hands. Anilus said he would surrender, but then ran back toward the Shattuck. He was spotted by other officers and ordered to show his hands. Instead, Anilus displayed a gun, at which point officers opened fire, striking and wounding Anilus.

Officers recovered the gun. It contained a high-capacity feeding device with 13 rounds.

Notably, it had jammed.

Because of his injuries, Anilus was arraigned in a hospital bed.


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Adverse possession is really a thing: Dorchester homeowner wins ownership of land she had long cared for that somebody else claimed

The Dorchester Reporter reports on the victory of a resident of Harvard Street in Dorchester to keep ownership of her backyard - which she had thought was hers and which she maintained from the day she bought her house in 2010 from a family that had fenced off and maintained the land since 1978, to fend off a local developer who said the land was his.


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MBTA rolling out digital ad boards at subway-station entrances

At Kendall Square Red Line entrance, sign would go under the red-and-white "Kendall" sign

The MBTA and the company that handles its electronic ad boards inside subway stations have begun a program to bring the boards above ground, at the entrances to stations.

The state Office of Outdoor Advertising, which oversees billboards in the state, is currently considering three requests from the T and Outfront Media for "digital urban panel street furniture" at Aquarium on the Blue Line and Kendall on the Red Line. The T and Outdoor Media are looking at additional boards at Porter Square as well. The T already has these boards at Back Bay on the Orange Line and commuter rail.

In addition to 7.5-second ads, the board would also feature supposed real-time subway information. One key difference from the ad boards along tracks in stations, though: No animation.

At an outdoor-advertising hearing today, the city of Boston had no comments on the proposed electronic board at the State Street entrance to the Aquarium station.

Bill Deignan, of Cambridge's Community Development department, however, had a number of questions, including whether the boards will have "next train" time statuses, rather than just saying the Red Line is currently running. He said that given what passes for headway between trains these days, such next-train info would be particularly valuable at Porter, which has the T's deepest platforms, so people could decide while still on the surface whether to head all the way down.

He also requested the board provide information about not just trains, but connecting buses as well - and whether the signs could be dimmed at night and even turned off completely during the times the subway just isn't running.

Outdoor Advertising Director - and former Boston city councilor - Tim McCarthy agreed those are all good questions, but suggested a separate meeting between the T, Outdoor Media and Cambridge to get them answered. Deignan and representatives from the T and Outdoor Media agreed.


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Court upholds dismissal of suit by BU students over campus shutdown at the start of the pandemic

A federal appeals court yesterday upheld a lower-court judge's dismissal of a suit by several Boston University students over the move to online education, ruling that a state law passed last year specifically to bar such suits is constitutionally valid.

In an earlier ruling, a judge in US District Court had dismissed the BU suit in large part on the basis of "impossibility" - that even if a contract did exist between the university and its students to provide on-campus teaching, the school could no longer legally fulfill that contract after Gov. Baker declared a state of emergency on March 10, 2020. BU announced its shift to online classes the next day. On March 23, Gov. Baker banned all large public gatherings, including college classes.

At issue in the students' appeal of that decision was a state law enacted last year that bars claims against colleges and universities for "good faith" actions they took after the declaration of a state of emergency to deal with the public-health emergency, at least, claims that had not been settled by the time they law went into effect - for example, Emerson College's $2.1-million settlement of a similar suit

In their appeal, the students argued the retroactive nature of the law violated their due-process rights. Nope, the US Court of Appeals for the First Circuit ruled.

The court began by asserting the law was in the public interest.

The students claimed the law served no public interest because it was passed long after the immediate crisis had passed, but the court said au contraire, the legislature was protecting the public interest by helping ensure schools would comply with public-health declarations in the future. The court said that moving to online classes was actually expensive for BU, which had to spend $52 million just to upgrade its IT systems to handle all those online classes. And it noted the law only applies to "good faith" efforts; somebody who can prove a school acted malevolently in relation to a public-health declaration can still sue over that.

BU, like other universities in Massachusetts, was required to close its facilities to the public to comply with Governor Baker's March 23 emergency order. Underlying BU's compliance was the need for public safety and the reality that large in-person gatherings throughout Massachusetts were no longer an option. ... The Legislature could have found that an immunity statute, like Law 80, would ensure that higher education institutions would not hesitate to follow prospective emergency public health orders meant to protect the safety of students and others. More so, securing compliance with these orders was likely to reduce the economic and other strains on the state itself as it coped with a public health emergency. The Legislature could also have determined that litigation risks and costs accompanying past universities' compliance could deter them from future compliance. And although the COVID-19 public health emergency officially ended in Massachusetts on May 11, 2023, the Legislature could have found that the negative financial effects that higher education institutions experienced during the Spring 2020 semester were ongoing.

And the court sided with BU on the "impossibility" of continuing to hold classes once Gov. Baker outlawed large public gatherings.

Plaintiffs argue that they reasonably expected BU to perform its obligations of providing services that were expected and paid for -- claiming that on-campus classes and services were expected, not remote instruction. Even accepting Plaintiffs' arguments that they expected on-campus classes and services when they registered and began their Spring 2020 semester before the pandemic hit, they ignore key later events. Given that Governor Baker had ordered practically all large in-person gatherings -- which unquestionably includes university campuses -- to cease, Plaintiffs could not reasonably continue to have such expectations in light of the state mandated emergency measures. As this Court held in Burt, the affirmative defenses of impossibility and frustration of purpose resulting from compliance with the Governor's orders meant Plaintiffs no longer had any reasonable reliance on the performance of illegal contracts.

But what about the retroactive nature of the law?

The students say it violates the contractual rights they had in place at the beginning of 2020 and that they might have done things differently legally had the law been in place then, only it wasn't.

But the court says the retroactivity issue doesn't apply because the law is limited in scope - specifically to lawsuits related to events in the spring of 2020 - it has an exemption for lawsuits over "malicious or bad faith" actions and as they wrote from the outset of their ruling, the justices said the law served a public interest, to help ensure schools would do the right thing in a public-health emergency.

Thus, because a balancing of all three factors weighs in favor of retroactive application of Law 80 to this case, we find that Law 80 does not violate due process.


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Boston Latin Academy students, teachers fight to save two teachers scheduled for layoffs

Boston Parents Schoolyard News reports students and teachers at BLA are petitioning BPS to keep Rajeeve Martyn, who heads the departments of history and world languages, and Jane Victor, science department leader - now scheduled to be laid off as part of an effort to cut costs.

Students and teachers say their losses in particular would be devastating for the exam school.

Martyn petition.


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Citizen complaint of the day: In North End rat/dog war, nobody wins

An alarmed citizen files a 311 complaint about a battle at the RUFF dog park on Snow Hill Street this evening:

A dog was bitten this evening by a rat it picked up. Fully vaccinated so vet said not to worry, but can the City please make efforts to address this problem?Dog owner wound up killing the rat with a shovel because it was so badly injured by the dogs.


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Wu continues to look at reusing abandoned West Roxbury High for a school, if not the O'Bryant - and is looking at building a commuter-rail stop there

CommonWealth Beacon reports Mayor Wu is continuing to look at putting some sort of education in a rebuilt West Roxbury Education Complex - and has begun talks with the T about the city building a commuter-rail stop on the Needham Line, which passes by the school. A near complete lack of transportation from the rest of the city to nearly the Dedham line was one of the reasons opponents fought to keep the O'Bryant away.


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One group of residents drops suit against Roslindale apartment building, but another group continues legal battle

A group of Roslindale residents who sued to block a proposed apartment building on Belgrade Avenue at West Roxbury Parkway - several of whom lived in a condo building next door - dropped their suit after a judge said they didn't have much of a case, but could continue if they posted a $200,000 bond to compensate the developer for delay-related costs should they lose.

The group of residents agreed to dismiss their case "with prejudice," meaning they can't bring it again, according to a joint filing with developer Jake Upton's attorneys in state Land Court.

But a neighborhood association representing parts of West Roxbury on the other side of the parkway continues to press its case, which it filed after the Roslindale residents - and is trying to expand it into a "ten taxpayer" lawsuit to overcome the possible legal limitation that none of the group's officers are legally abutters of the proposed five-story, 124-unit apartment building on the old Clay Chevrolet site. The matter now sits before Land Court Judge Kevin Smith - who also oversaw the Roslindale case.

Ten-taxpayer suits let residents file complaints about municipal actions even if they don't live right next to an affected property; for example, ten North End residents fought for years in an ultimately successful battle to keep a restaurant off the end of Long Wharf.

Like the failed Roslindale suit, the Bellevue Hill Improvement Association's original complaint, also filed in Land Court, alleges that Upton's project would bring ruinous amounts of pollution and traffic and cause public-health and public-safety issues - which are similar to the complaints raised when Roxbury Prep proposed turning the site into a high school and many residents loudly said they would rather see housing there.

The requested variances, if granted, would also create a regrettable precedent that would encourage other prospective developers and property owners to seek and obtain variances that would effectively gut the existing zoning regulations to the detriment of the West Roxbury and Roslindale neighborhoods and undermine the specific purposes of Boston's zoning by-laws.

But the Bellevue Hill complaint goes further that the Roslindale one, alleging that the Zoning Board of Appeal violated its members' due process and equal protection rights under the state constitution by rejecting its demand for an "adjudicatory" hearing, run more like a trial, including the swearing in of witnesses, rather than its more customary, less formal, but still quasi-adjudicatory hearing.

The zoning board held its hearing and approved the project on last July.

The group says part of the site nearest the parkway was obtained by Clay Chevrolet in some sort of shady deal with the state decades ago and that as a successor landowner, Upton is obligated to give it back because it will no longer be used as a parking lot - he has proposed turning it into a mini-park extending the current parkway green space - and that using it as part of his project violates a section of the state constitution ensuring the preservation of natural land.

Upton's attorneys responded by calling for dismissal of the lawsuit, which they called frivolous and "the worst example of civic activism run amok," written by a lawyer - and association board member - who really should know better. The zoning board, through the city's corporation counsel, filed that it agrees with Upton's motion.

Upton's lawyers argued that to start, an association representing a neighborhood not within a stone's throw of the proposed project, and whose officers can show no direct, immediate harm or "actual aggrievement" from the decision, have no "standing" or legal right to object to the zoning board's decision in court.

And with no right to be in court in the first place, the group has no valid constitutional claims, because to claim violations of "procedural due process," you have to show you have a "protected interest" in the process, they continued.

The Plaintiff's Complaint fails in the most basic way: it fails to identify any protected interest it has in the Board's decision pertaining to Upton's property.

Even the claim that part of the land has to be returned to what is now DCR is simply wrong, because DCR told Upton, in a letter in January, 2023, it had no problems with his proposal.

Last month, after Upton's attorneys moved for dismissal, the association sought permission from the court to file an amended complaint, to add as plaintiffs enough residents to become a "ten taxpayer" lawsuit, which allows for suits by people who are not necessarily direct abutters of a project but who live in the same city as it.

The group said it wanted to do this in part to overcome what it said was a longstanding bias of courts in favor of developers and against ordinary citizens trying to fight zoning variances, which, especially in Boston, are readily granted even though they should be hard to get (they pointed to a 2023 study to that effect). They argued state law allows property owners to raise questions in court about particular zoning decisions in their city or town without making any mention of being an abutter.

And they claimed that the zoning board "cavalierly" ignored the state land transfer to the old car dealership even though that violated the constitutional prohibition against selling off state open land and that that alone is reason enough to allow the conversion of the suit into a "ten taxpayer" one.

In a rebuttal filed this week, Upton's attorneys reiterated their earlier charges and said if the neighborhood group is so upset with an MDC decision in the 1970s to sell a piece of land, it should sue the state, not the Boston zoning board, which, they note, is not a state agency.

The Boston Board of Appeals is not a state agency, and no argument is going to change that.

Also, the state law in question requires such a suit to be filed in superior court, not land court, so that should be a good reason for a Land Court judge to toss the case, they wrote, arguing that the amended complaint contains all the problems of the initial one and so the group should not be allowed to file it.

The judge has yet to rule on any of the motions in the Bellevue Hill case. He has scheduled a hearing on them for March 28, according to the case docket.

Original Bellevue complaint (2.4M PDF).
Original Upton motion to dismiss (1.1M PDF).
Proposed amended Bellevue complaint (4M PDF).
Bellevue memorandum in support of amended complaint (9.9M PDF)
Upton motion to reject amended complaint (3.4M PDF).
Motion to dismiss Roslindale lawsuit with prejudice (123k PDF).


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Councilor proposes giving access to HP parking spots to the pregnant and new mothers

The City Council will consider a proposal to grant handicap parking placards to pregnant people in their third trimester or who have given birth within the past six months.

City Councilor John FitzGerald (Dorchester), who proposed the measure, pointed to issues such as mobility problems, high blood pressure and, in many cases, the need to recover from C-sections - and said he certainly heard his wife Meghan ask why she couldn't get a placard before she gave birth to a 10 lb., 6-oz. baby.

FitzGerald added such a measure could even help Boston retain the roughly one in four young people one study found planned to leave the city, by showing them the city really cares about them and their future. He acknowledged the study found other issues, such as skyrocketing housing prices.

"As a new dad, I'm definitely in favor of this," Councilor Brian Worrell (Dorchester) agreed.

The measure now goes to a council committee for a public hearing and consideration.


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Challah back: Long closed Brookline bakery to re-open Friday

Cheryl-Anns' in South Brookline, closed since a 2021 fire, is kvelling this morning that it's gotten the final town permit it needs and it will re-open promptly at 7 a.m. on Friday - just in time for the shabbat rush.


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Chickenpox outbreak at Melnea Cass overflow shelter ended with vaccinations, state says

WFXT reports a "small number" of cases of the highly infectious virus were discovered last month at the temporary shelter at the Melnea Cass recreation center, but that there have been no new cases since public-health workers began vaccinating people there on March 1.


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Dorchester man held Grindr hookup hostage until he paid his way out, DA charges

A Dorchester man was ordered held in lieu of $1,000 bail after his arraignment on kidnapping and unarmed-robbery charges related to a hookup he allegedly arranged via Grindr, the Suffolk County District Attorney's office reports.

According to the DA's office, Anthony Brimage, 28, connected with another man on the LGBTQ-focused app, and the man agreed to meet Brimage at his apartment on Neponset Avenue in Dorchester early on Friday:

Upon arrival, Brimage told the victim he needed to send him money if he wanted to have sex. The victim refused to send him any money and Brimage immediately cornered him and pinned him against the wall. The victim said Brimage became aggressive and yelled for the victim to send him $50 via Apple Pay. The victim ultimately sent $50 out of fear and began begging Brimage to let him leave.

Brimage then said "if you can send me $50, you must have money, so send me another $50." When the victim told him he did not have any more money, Brimage called his roommate into the bedroom. The victim sent another $50 via Apple Pay. The victim was ultimately allowed to leave. He refused to seek any medical treatment.

According to the DA's office, Boston police officers found the victim walking down Neponset Avenue shortly after 2 a.m. After hearing his story:

Officers went to speak to Brimage, who initially refused to open the door. Brimage told officers he and the victim had been communicating on Grindr for a few months and agreed to meet at his apartment. Brimage said after an hour, the victim randomly wanted to send him $50 for "weed and lunch." Brimage gave the victim his roommate's number to send the money due to not having his own Apple Pay account. Brimage said the victim wanted to engage in sexual intercourse since he sent him money but Brimage refused. The victim then sent him another $50 "just because" and they got into an argument which caused his roommate to check on them.

Officers then spoke to Brimage's roommate who said Brimage and the victim were together for about 25 minutes when he was called into the room to provide his cellphone number for Apple Pay transactions. The roommate then heard Brimage and the victim arguing and he advised the victim to leave. Once the victim left, Brimage began panicking and stated to him "I think he called the police."

The DA's office says officers confirmed two payments from the victim's phone, one at 1:49 a.m., the next at 1:57 a.m.

Brimage was arraigned Friday in Dorchester Municipal Court, the DA's office reports.

Innocent, etc.


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Governor wants to pardon everybody with misdemeanor marijuana convictions

Gov. Healey said today she wants to issue automatic pardons to everybody ever convicted of misdemeanor marijuana-possession charges in Massachusetts.

The measure, if approved by the Governor's Council, would end the current state system, in which people with simple possession charges have to petition a court to seek expungement of their records. The proposal does not include people convicted of felony marijuana trafficking offenses.

In a statement, Healey said the move reflects significant changes in state marijuana laws over the past decade - in particular, legalization of marijuana sales and possession.

Nobody should face barriers to getting a job, housing or an education because of an old misdemeanor marijuana conviction that they
would not be charged for today.


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Proposed marijuana grow factory in Newmarket Square wins approval to add retail shop - and cafe, which will only sell coffee and pastries

Updated rendering showing cafe.

The Zoning Board of Appeal yesterday approved plans by Mario Signore to change his proposed three-story cannabis factory at 100 Hampden St. to include a ground-floor marijuana store and a separate cafe.

Signore's Green Line Boston Craft Cannabis had originally planned to use all three floors of the building for cultivation and product manufacturing, but decided to swap in retail for the ground floor because of an ongoing contraction in the Massachusetts marijuana production industry, his attorney, Nick Zozula, told the board.

Zozula said the new cafe would only served baked goods, rather than goods to get customers baked, and that Signore is looking for a Roxbury entrepreneur to run it. It would have a separate entrance from the proposed marijuana retail shop next door, he said.

The board approved the changes under a provision for minor amendments to previously approved projects, because the overall building size and 23 parking spaces were unchanged from the plans earlier approved by the board and the BPDA.


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West Roxbury could get second marijuana emporium, this one with home delivery

The Zoning Board of Appeal next month considers an application for a marijuana grow facility and home-delivery center at 1457 VFW Parkway in West Roxbury, where Party City and Chair Fair used to be.

One of the issues the board will have to consider is whether to grant Injaga Delivery's proposed Zazazooom (yes, with three Os) an exemption from the city's little observed marijuana buffer-zone ordinance, which was supposed to keep at least a half mile between marijuana establishments. UpTop, the place with the "Why Not? It's Legal!" billboard, operates on the other side of the parkway, in the "fun" mall with the sex-toys and smoke shops and liquor store at 1524 VFW Parkway.

Zazazooom co-owner Shalair Armstrong had a zoning hearing set for yesterday, but asked for a deferral because she only got a formal traffic study for her proposed shop on Friday and wanted more time to look it over and present it to the zoning board, which typically asks operators of proposed marijuana operations about parking and traffic, as well as security and queue management. The board rescheduled its hearing for April 30.

The city signed a "host community agreement" with Injaga in October.


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