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BOSTON v. BACK BAY CULTURAL ASSOCIATION, INC.

418 Mass. 175 (1994)

635 N.E.2d 1175

CITY OF BOSTON vs. BACK BAY CULTURAL ASSOCIATION, INC., & others.

Supreme Judicial Court of Massachusetts, Suffolk.

July 6, 1994.

Attorney(s) appearing for the Case

John P. Ward (David Duncan with him) for Back Bay Cultural Association, Inc.

Donna M. Mueller, Assistant Corporation Counsel (Dianne E. Taylor, Assistant Corporation Counsel, with her) for the plaintiff.

Present: LIACOS, C.J., NOLAN, LYNCH, & GREANEY, JJ.

LYNCH, J.

This case raises the issue whether Ordinances, Title 14 § 430A (1979) (ordinance) of the city of Boston (city), restricting the hours of operation of establishments holding entertainment licenses, violates the First Amendment to the United States Constitution. A Superior Court judge determined that the ordinance did not violate the First Amendment. The defendant Back Bay Cultural Association, Inc. (Back Bay), appealed and we transferred the case here...

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