Commonwealth v. Gulden

The defendant argues that the ordinance of the city of Newton under which he was convicted imposes an undue burden on interstate commerce and constitutes a denial of equal protection in violation of the Constitution of the United States. The ordinance provides in part that “[n]o hawker or *966peddler shall sell or offer for sale any goods, wares or merchandise . . . within five hundred feet of any playground of the city between the hours of 9:00 a.m. and 9:00 p.m.....” The defendant admits that he violated the terms of the ordinance by selling ice cream from a truck parked in front of a city…