An appeals court in Chicago says a one-man publisher can sell his baseball magazine on a sidewalk just outside Wrigley Field after all.
The 7th U.S. Circuit Court of Appeals granted an emergency injunction. Meaning 41-year-old Matt Smerge can sell the magazine near the Cubs stadium gates, at least until the appeals process is over.
Smerge sued the city after a police officer ticketed him for violating an ordinance barring peddling on the sidewalk next to Wrigley Field.
He was ordered to move to a less-traveled sidewalk across the street where sales aren't as brisk. Smerge appealed after a lower court sided with the city.
The Cubs host the New York Mets in Game 3 of the National League Championship Series tomorrow.
