Court: Baseball mag vendor can sell outside Cubs stadium

CHICAGO (AP) — 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 handed Matt Smerge a legal victory Monday by granting an emergency injunction.

It means the 41-year-old can sell the magazine near the Cubs stadium gates at least until the appeals process is over. The Cubs host the New York Mets in Game 3 of the National League Championship Series Tuesday.

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.

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