This afternoon at about 3:00, Carol S. Ball, Justice of the Superior Court ordered:
A. the Parks and Recreation Department of the City of Boston to issue a permit, that includes food vending, to MassCann for a rally to be held on the Carty Parade Grounds of the Boston Common on September 20, 2008; and,

B. enjoined the City of Boston and any agent thereof from interfering with a MassCann rally to be held on the Carty Parade Grounds of the Boston Common of September 20, 2008.

MASS CANN filed for the injunction earlier this week to prevent the city of Boston from denying MASS CANN the right to manage food vending at their 19th Annual Freedom Rally on Boston Common scheduled for Noon on Saturday, September 20.

The permit sent to MASS CANN on August 1, 2008, stipulated, “Vendor food carts are prohibited unless the Boys and Girls Clubs of Boston are providing the food vending services…”In 1997 and 1998, MASS CANN won injunctive relief against the city over similar food vending issues. Justice Ball issued the preliminary injunction in 1998.

As in 1997 and 1998, by denying MASS CANN donations from food vendors the city sought to stop funding of the Freedom Rally.

In granting the 1997 injunction Judge John Cratsley wrote of, “The tortured history of MASS CANN’s efforts to obtain their permit,” and the “tortured history” of 1997, it seems, is rewritten today. Bill Downing of Reading, president of MASS CANN told us, “Once again the court had to tell the city they can’t stop people from peacefully demonstrating on America’s first public grounds, Boston Common, for unconstitutional reasons. The city insulted the superior court, for a third time, by forcing the court to order the city to comply with the constitution.”