On appeal, activist loses fight over Sox ticket price

A Dorchester consumer activist, Colman Herman, has no grounds to sue a Weymouth ticket agency for reselling Red Sox tickets because Herman never purchased tickets from the company, the appellate division of the state District Court said today.

Herman sued Admit One Ticket Agency LLC for trying to sell an $85 Red Sox-Yankees ticket for $500 in 2005. He said the price violated state law.

Admit One argued the anti-scalping statute, which prohibits markups of more than $2, did not apply because Herman merely inquired about tickets but did not buy any.

A Quincy District Court judge awarded him $25 in damages; the company appealed.

Three appellate justices today agreed with Admit One and dismissed the case.
(By Angel Jennings, Globe correspondent)