Appeals Court: CROSSING OVER, INC. v. CITY OF FITCHBURG

KeywordsAutomatic Sprinkler Appeals Board. Lodging House. Zoning, Lodging house. Fair Housing Act. Anti-Discrimination Law, Housing

[Excerpt] – The plaintiffs, Theodore Bronson and Crossing Over, Inc. (collectively, Crossing Over), and the intervener, the Massachusetts Alliance for Sober Housing, Inc., appeal from a partial judgment on the pleadings entered pursuant to Mass. R. Civ. P. 54 (b), 365 Mass. 820 (1974), dismissing Crossing Over’s claims for injunctive relief and damages against the defendants, the city of Fitchburg (city), the city’s fire prevention bureau (fire department), and the Automatic Sprinkler Appeals Board (board), in which Crossing Over sought to bar the enforcement of an order of the city fire chief requiring installation of sprinklers in the plaintiffs’ sober home.[3]  In the two counts before us, Crossing Over, the operator of a sober home, contends that the fire department’s enforcement of the sprinkler law, G. L. c. 148, § 26H, against its sober home[4] violates G. L. c. 40A, § 3, because § 3 prohibits the enforcement of laws and regulations that impose restrictions on facilities serving the disabled that are not imposed on family units of similar size.

We conclude that the sprinkler law is a State law that is unaffected by the prohibitions against local enforcement contained in G. L. c. 40A, § 3.  We therefore affirm the judgment entered on the first two counts of the complaint, but remand for consideration of the plaintiffs’ disability discrimination claims under State and Federal law.

Click here for the full decision of the Appeals Court.

Leave a Comment