United States First Circuit

In this First Amendment case, defendant-town restricted the building plans, operating hours, and alcohol-licensing of plaintiff, an adult entertainment business. Summary judgment entered in favor of defendant is: 1) reversed in part, where the bylaws regulating size, height, and hours of operation unconstitutionally infringe on plaintiff's right to engage in a protected expressive activity; and 2) certified to the Massachusetts Supreme Judicial Court with respect to the alcohol licensing claim, as it is a close issue of constitutional law.

Appellate Information

• Decided 10/08/2014
• Published 10/08/2014

Judges

• Torruella

Court

• United States First Circuit

Counsel