Cambridge candle feud: Appeals court sides with business owner
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Massachusetts appellate judges sided with the former owners of a Cambridge bar who fought efforts to enforce a nonexistent candle law only to be accused of intimidation and hindering an investigation.
Why it matters: The ruling issued this week upholds the business owners' First Amendment rights to file a complaint against efforts to enforce a law that didn't exist at the time.
Catch up quick: The feud started six years ago when fire inspectors threatened to shut down UpperWest, a Cambridge wine bar owned by Kimberly Courtney and Xavier Dietrich, for setting out tea light candles.
- The inspectors claimed it violated a local fire safety law and, when challenged by Courtney, cited a state law about using candles for portable cooking equipment, per the ruling.
- Courtney ultimately put out the candles, but she and Dietrich later faced local charges from the Cambridge licensing board for violating a fire safety law, witness intimidation, hindering and threatening a public official.
- The state alcohol licensing commission ultimately dismissed the fire safety violation but upheld the other charges, prompting the owners to sue the agency.
State of play: The restaurant closed in 2019, but the state agency's decision could affect the owners' ability to secure an alcohol license if they launch another business, per the Cambridge Day, which first reported on the ruling.
The decision boils down to two points: The owners never intimidated the fire inspectors and the commission's entire decision was based on "an error of law," the judges wrote.
Zoom in: While local officials claimed Courtney said, "you will live to regret this," videos of the incident turned up no evidence of that, per the ruling.
- Video does show Courtney saying, "you guys are going to regret behaving this way. This is not how this works."
- The ruling states Courtney's remark reflected her intent to file a complaint over the officials' behavior, not a "true threat."
Between the lines: Cambridge fire officials issued a local ban on lit candles in restaurants and bars in 2019, with an exception for birthday candles on a cake.
- At the time, the Cambridge Day reported that 52 of the 1,680 fires in Cambridge, or 3%, between 2001 and 2018 were caused by candles.
What's next: The appellate ruling settles the matter unless the state licensing agency asks the Supreme Judicial Court to weigh in.
- A spokesperson for the Massachusetts State Treasury, which oversees the state licensing agency, declined to comment except to say the commission is reviewing the ruling.
- Axios has reached out to Cambridge officials for comment.