While Bostonist was happily ensconced in the warm embrace of family, turkey, and red wine yesterday, those America-hating scofflaws at Super 88 Markets (some of them just a few blocks down Washington street from our law-abiding gathering) were undermining everything we hold dear in this Commonwealth by being open for business. Despite Attorney General Reilly's stern warnings to Whole Foods and others, the Globe reports that the Asian foodstuffs chain was welcoming customers in many locales. Reilly's office has said there will be a full investigation, but we wonder whether the AG will really crack down to the fullest extent of the law.
The blue laws, you see, cover a great deal more than retail foodselling. There's a broad prohibition on conducting "any manner of business, labor, or work," which includes, among tons of other things, making contracts for anything other than charitable work. So if, in a tryptophan-induced stupor, you were tricked yesterday into selling your house at a less-than-advantageous price, there may be hope for you (although you're also guilty of a crime for making the contract at all). And on Sundays (but not holidays), it is not only forbidden to hold a dance for which admission is charged (unless you get a special license, or if it's a square of folk dance, of course), but it is also illegal to attend one (fines of up to $50!). Bostonist has never been invited to a dance on a Sunday (not even a square dance), but we imagine they're going on, and the A.G. could be cracking down and bringing money into the state's coffers.
Luckily, as with all good laws, there are certain exceptions (55 of them, in fact) to keep the most essential services in the Commonwealth running smoothly on Sundays and holidays. So if you spent yesterday repairing a bridge, running your public bathhouse, selling lubricating oil, renting out horses (for pleasure riding only), flying a plane, shining shoes (provided you were doing so at the airport or before 11:00 a.m.), transporting a carousel or ferris wheel (between 8:00 a.m. and 1:00 p.m. only) or making butter or cheese, you're in the clear.
(Why aren't laws that create a "common day of rest" that just happens to fall on the Christian sabbath unconstitutional, you ask? Bostonist has often asked the same thing, as have many lawyers trying to get their clients off on charges of breaking the blue laws. The courts have pretty uniformly said there's no constitutional problem, though. The theory is that it's OK for the state to pick any day as a common day of rest, and it's just a matter of practicality - not endorsement of religion - to make it the day when the majority religion is resting. And what if you happen to be an observant Jew, Muslim, or Seventh-Day Adventist and can't run your business on Saturday? The SJC's answer in a 1957 was, "too bad for you," but the law has since been amended so that if you consistently keep your business closed on some other sabbath day, you can open on Sunday.)
Commandment 11: Thou shalt not open for business on Sundays and certain holidays, except in the case of 55 enumerated exceptions as provided in Mass. General Laws chapter 136, section 6.


