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Cambridge loses lawsuit for enforcing law that didn't exist against local restaurant

Cambridge Day reports on a Massachusetts Appeals Court ruling in a case that started with Cambridge officials suspended a local restaurant's licenses for three days for violating a law against tea candles, only it turned out there was no such law.

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Not individuals on a power trip on the spot when they want to bully somebody.

Hope those bullies responsible for this clusterflux have to pay some of the legal bills out of their own pockets.

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Voting closed 88

I remember calling her a scumbag circa 2010. I see she dragged her cancerous behavior across the Charles. Glad she and her cohorts in ripping off the public through sham jobs got it thrown right back in their faces.

What a vain, arrogant, loser city.

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Voting closed 48

I moved to Cambridge around the same time that NMF became the chair of its licensing commission, but I don't have much to do with the hospitality/restaurant world, and only hear about scandals like this from neighbors and articles like this one. From other reports by Marc Levy on Cambridge Day, it seems like was hired to tackle a corrupt system that had preyed on licensees for decades:

Several councillors, including Toomey, said they wanted to know “how we got into this situation,” though it was clear what in a way both caused and ended it: Current commission chairwoman Nicole Murati Ferrer, who has been aggressively reforming local rules and regulations since her arrival last year to bring them back into line with state law. By ensuring Cambridge was no longer acting illegally, including with a revamp of liquor licensing rules that took effect a little less than a year ago, she burst a sort of bubble of artificial value that may date back to 1981.
Vice mayor Marc McGovern said that, despite the pain license holders were feeling, Murati Ferrer shouldn’t be blamed. “She could take a lot of of the heat for this situation,” McGovern said, “but she’s trying to fix something. I want to thank her for getting us on the right track.”

That doesn't excuse subsequent retaliatory behavior, favoritism, or stonewalling, but suggests the history is complicated.

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To industry people when she was on the Boston Licensing Board. I'll bet the (expletive) has never made a cocktail or waited a table in her life.

Eliot Ness, she is not.

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The last paragraph of the linked article is particularly important, in that it suggests that the initial fire department visit to the restaurant may have been retaliation for one of the restaurant owners' legal work on behalf of other business owners against the city.

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Voting closed 89

Frankly I'm surprised there ISN"T a law against open flames in areas of public assembly. 80 years ago the Cocoanut Grove fire spawned an awful lot of new regulations, and yet we seemed to have learned nothing judging by the Station nightclub fire, which brought about another round of regs. How many times do we have to learn these lessons? (I know, I'm no fun). That said, shame on the inspectors for not knowing the law inside and out, and if they did know and were just being bullies or getting some sort of revenge they definitely should pay the price.

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I recall lit candles on the tables at a North End restaurant. Also one in Chinatown using one of those portable propane stoves on a cart to prepare food at tableside. Does Boston have a law on it?

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sides of the Charles, including this past weekend. It's rarer now that cheap fakies look pretty good and are a lot safer.

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Replacing tea candles every night isn't necessary if you've got an LED-based candle and they use so little electricity to power the LED that they'll run forever before you need to change the battery.

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… they had lit candles set for a special event. And a Boston fire marshal posted during the event. I don’t know if he was required or if the management was just being safe.

Pretty as they are, regular lit candles stink.

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What a dumb waste of time and resources. Cambridge is acting like a caricature of itself. I mean tea lights? C’mon.

I just feel bad for the non-lawyer business owners who don’t have the time or money to fight government overreach like this.

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Voting closed 64

Is that Ferrer is herself a lawyer.

I was told once by a law student that to get a lawyer disbarred, there has to be tangible disservice to a client. I would think that putting the City of Cambridge on the hook for what were avoidable legal expenses just because of straight ignorance of the law suits that.

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Voting closed 54

Taking 5 years to make a ruling on a case brought against business owners for a law that didn't exist is way to long. What took so long?

Is this one of those "Only in the People's Republic of Cambridge" things?

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Voting closed 48

because the courts initially ruled wrongly and Upper West had the wherewithal to continue to challenge. But there's nothing unique to Cambridge about this kind of corruption and the small-minded, tin pot dictators who sit on licensing boards.

Now why no elected official in Cambridge said anything about this in the ensuing time, I can't tell you. I suspect its because of the Cambridge charter where the manager runs the town and the mayor is basically a figurehead.

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Plenty of elected officials loudly criticized the licensing commission. It was a hot topic at several Cambridge city council meetings. But that just highlights what you said -- how they have no real power to levy over boards, who can just wait them out. What an utterly tea-lightful city.

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Its hard to fathom why the city continued to pursue this bullying for six years, but I suspect its because the police chief and the fire chief sit on the license commission and don't like having their corrupt edicts challenged.

This dispute with Upper West stems from an incident even farther back when they tried to open a wine bar in Central Square and got rejected, mainly because another bar owner complained about it. When Courtney had the temerity to complain about that BS, the city continued to harass the owners at their new location. https://www.cambridgeday.com/2014/10/06/cambridge-lost-wine-bar-before-i...

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Voting closed 49

This took so long to sort out, the restaurant closed a few years ago and the building has been demolished and completely rebuilt. Someone needs to rein in liquor commissions, they have too much power to arbitrarily hand out punishments depending on whether the like the owners and managers or not.

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Voting closed 32

Sorry, this is the second time this morning I’ve seen this and can’t contain myself any longer.

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Rein them in and end their reign?

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Voting closed 41

Yes!

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IMAGE(https://pbs.twimg.com/media/FbsSjt2XwAE6zPy?format=jpg&name=900x900)

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