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SUMMERS v. CITY OF FITCHBURG

No. 18-1725.

940 F.3d 133 (2019)

Jeffrey D. SUMMERS and Jeffrey's House Inc., Plaintiffs, Appellants, v. CITY OF FITCHBURG et al., Defendants, Appellees.

United States Court of Appeals, First Circuit.

October 8, 2019.

Attorney(s) appearing for the Case

Marcus L. Scott , Nashua, NH, with whom Barbara Collins and ScottCollins, LLP, North Andover, MA, were on brief, for appellants.

Gregor A. Pagnini , Boston, MA, with whom Leonard H. Kesten , Deidre Brennan Regan , and Brody, Hardoon, Perkins & Kesten, LLP, Boston, MA, were on brief, for appellees.

Maura Healey , Attorney General, and Julie E. Green , Assistant Attorney General, on brief for Commonwealth of Massachusetts, amicus curiae.

Before Barron, Selya, and Boudin, Circuit Judges.

This appeal arises from the enforcement of a state law by the City of Fitchburg (the City). That law requires the plaintiffs to install sprinklers in the four sober houses that they operate for recovering addicts. The plaintiffs claim that the City's refusal to exempt the sober houses from the sprinkler requirement violates...

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