Massachusetts officials shut down boy's charity ice cream stand: 'Disappointed'

A boy from Norwood, Massachusetts, has gotten creative after town officials shut down his ice cream stand, citing a food code violation.

Danny Doherty, 12, and his mother, Nancy Doherty, began a small stand in their neighborhood with some profits going to a charity that hits close to home for them.

After only one week, they had to stop the sales of their homemade ice cream.

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“I think the most disappointing part of that was that someone, one of our neighbors, somebody driving by, decided to take time to complain about a kid’s stand,” Nancy Doherty told Fox News Digital.

“I was really not mad. I’d say more disappointed that [it] happened,” she added. 

When her son became bored during summer vacation, Nancy Doherty gave him the idea to start an ice cream stand and donate half the proceeds to charity.

“I suggested to him, ‘Instead of a lemonade stand, if you really want to generate some interest, why don’t you make ice cream?’” the mom said, noting that her family makes their own ice cream at home.

“A good amount of people came down.”

Danny Doherty loved the idea and worked with his mom to come up with various flavors for his “Tree Street Treats” stand.

The two made vanilla and shaved chocolate, plus cannoli and a New England fluffernutter.

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Danny Doherty made his own business logo. He also created an Instagram account to advertise the sweets sale to family and friends.

“[My friends] thought it was fun. A good amount of people came down,” Danny Doherty told Fox News Digital.

Half of all proceeds were donated to the Boston Bears Club, a special education hockey team for kids.

“It’s my brother’s hockey team, it’s like a special hockey team … It’s where he goes and plays hockey,” Danny Doherty said.

Patrick Doherty, 15, has been on the Boston Bears Club hockey team for 10 years. (Nancy Doherty)

His 15-year-old brother, Patrick, who is autistic with moderate support needs, has been on the Boston Bear Club hockey team for 10 years, joining when he was 5 years old, Nancy Doherty said.

John Quill started the team 25 years ago for his own son who is autistic.

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“Tree Street Treats” raised $124 in its first week, donating $62 to the Boston Bears Club.

‘Please desist in these activities’

It was a few days later when the Dohertys received an official letter from the Town of Norwood Board of Health.

“The Norwood Health Department has received a complaint that you are making and selling scooped ice cream and cookies at your residential property,” said the letter, which was shown to Fox News Digital. 

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“The Massachusetts Food Code (105CMR. 590) does not allow for the sale of ice cream made in the home. Please desist in these activities,” the letter added.

Nancy Doherty decided, instead of throwing away all the ice cream or trying to eat it all, that they would just give it away to friends and family while accepting donations to the Bears Club.

The mom and son came up with a few flavors of homemade ice cream to sell at the stand, namely vanilla and shaved chocolate (not pictured), plus cannoli and a New England fluffernutter. (iStock)

“We had so many people show up to support us, and we ran out of our ice cream in 10 minutes, but we raised about $1,000,” she said.

“I talked to the head coach, and I think they were up to $6,000 or something already. So that’s, you know, heartwarming… We took a disappointing and discouraging situation. We made a decision to do something positive with it — and look at all of the positivity that came out of it.”

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Quill confirmed that Danny Doherty’s ice cream stand has received more than 200 donations totaling $7,500.

“Three local ice cream shops have reached out to do fundraisers and it has raised awareness of our team,” Quill said. “I’ve had a number of parents reach out as they did not know that special hockey even existed.”

“We had so many people show up to support us.”

When asked if she fought back against the decision by the town’s board of health, Nancy Doherty said she didn’t have the bandwidth.

“I am a solo parent. My husband passed away, and I have a full-time job … I don’t have the energy or time to do that,” she said.

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Nancy Doherty said the Town of Norwood Board of Health has not reached out to her since sending the letter.

Fox News Digital reached out to the Town of Norwood Board of Health for comment.