SJC rejects challenge to law in nudity case

The state's highest court has rejected a challenge to the state's open and gross lewdness law brought by lawyers for a woman who was charged with the crime for allegedly dancing nude during a protest in Harvard Square. The Supreme Judicial Court ruled yesterday that the law is a "legitimate content neutral restriction on expressive activity." The woman was arrested during an anti-Christmas protest, which takes place every year on June 25. A District Court Judge had allowed her motion to dismiss the case after finding that the state's open and gross lewdness law was an unconstitutional "blanket prohibition against public nudity." But the SJC concluded that the lower court erred, noting that previous court decisions had narrowed the application of the law so it doesn't prohibit protected expressive conduct (allowing, for example, nude go-go dancing in bars). The court sent the case, Commonwealth v. Ria Ora, back to the lower court for further proceedings.

A robbery suspect being pursued by police Wednesday ducked into the Public Garden and tried to elude officers by diving into the lagoon used by the swan boats. The suspect perched on a small, rocky island in the lagoon while police surrounded him. He left the island and surrendered after scuffling with police, said Officer James Kenneally, police spokesman. Timothy Flaherty, 51, of Lawrence allegedly robbed a woman at about 11:33 p.m. Wednesday on Beacon Hill, then was pursued by police onto Boston Common and into the Public Garden. He faces charges that include unarmed robbery, assault and battery on a police officer, and resisting arrest, Kenneally said.

A 120-year-old Catholic school in East Boston will close at the end of this school year, the Roman Catholic Archdiocese of Boston said yesterday. The school, St. Mary Star of the Sea, has seen its enrollment drop from 275 in 2004 to 164 currently, and it was projecting an enrollment of 90 students next year. The archdiocese said there is space available for the affected students in other Catholic schools in East Boston and Revere.

A fire at a vacant Hanson hospital building was set, officials said yesterday. The blaze at Old Plymouth County Hospital on High Street was smoldering when it was discovered by police officers on routine patrols yesterday morning, the Office of the State Fire Marshal and the Hanson Fire Department said in a statement. The fire had self-extinguished after being set sometime in the previous 18 hours, officials said. The fire is under investigation.

A 4-year-old died last night in a fire at a Holyoke residence, the Fire Department said. Firefighters responded at 7:25 to a blaze on Beech Street, a dispatcher said last night. She said she was unable to give any more details. According to WBZ-TV, a 2-year-old and a 6-year-old suffered serious smoke inhalation and were taken to separate hospitals. No additional information was immediately available.

The federal government has approved Massachusetts' advanced communications plan for first-responders and released grants worth nearly $21 million to implement it. The Statewide Communications Interoperability Plan will change how communities implement public safety operations. Previously, cities and towns spent such funding independently. Now, emergency planning and public safety will be coordinated across jurisdictions statewide. Governor Deval Patrick and Secretary of Public Safety and Security Kevin Burke announced yesterday that federal Homeland Security authorities approved a plan crafted by state and local leaders. The plan is designed to be implemented over five years. (AP)

A 24-year-old Boston man accused of killing a 2-year-old girl in West Springfield on March 7, 2006, was arraigned in Springfield District Court yesterday. Michael K. Williams pleaded not guilty to murder charges in the death of Mia Figueroa, who died of multiple blunt force trauma, said David Procopio, a spokesman for the State Police. Williams, who was arrested at his Dorchester residence Wednesday, was being held without bail last night.