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Sober-living law withstands legal challenge

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A federal judge Friday dismissed a lawsuit alleging that Costa Mesa’s new law restricting sober-living homes in single-family neighborhoods discriminates against recovering drug and alcohol addicts.

Solid Landings Behavioral Health, a sober-living home operator, had argued further that with the ordinance, city officials were trying to drive the company out of town.

The ordinance, approved in October by the City Council, requires that the facilities obtain a special operating permit and, to avoid clustering, that they be located at least 650 feet from one another.

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City attorneys argued that while Costa Mesa’s zoning laws prohibit other housing types in single-family neighborhoods — including boardinghouses and bed and breakfasts — the law gave special permission to sober-living clients.

By doing so, they contended, the clients — who are considered disabled under the federal Americans with Disabilities Act while in recovery — were being granted an exception otherwise denied to others without disabilities.

According to a city news release, Judge James Selna ruled that Costa Mesa’s ordinance actually preserves the “residential characteristics of the neighborhood and [ensures] that the residential recovery environments desired by many remain truly residential in nature.”

“It is clear that the ordinance contemplates and guards against the unfettered proliferation of [sober-living homes] in residential neighborhoods, which could destroy the comfortable living environments that contribute to recovery.”

Selna has given Solid Landings 14 days to amend its case, while also denying its preliminary injunction. In November, Solid Landings sought a temporary restraining order against the ordinance, but it was denied.

“We’re pleased that our group-homes ordinance passed an important legal test,” city CEO Tom Hatch said a prepared statement. “The court clearly saw that the ordinance’s intent and effect are to both ensure that our city retains a high quality of life in our residential neighborhoods and provide a true residential setting for handicapped individuals.”

Solid Landings’ attorney, Leonard Herr, could not immediately be reached Friday afternoon for comment.

In a prepared statement Monday, Solid Landings’ vice president and corporate counsel Kristen B. Ford said her firm will continue to make its case.

“In the next two weeks, Solid Landings and its legal counsel will prepare additional information to provide to the court and continue to move forward with the complaint,” she said in an email.

The ordinance affected an estimated 60 sober-living homes in single-family neighborhoods, though 170 sober-living homes containing 1,200 beds are located throughout Costa Mesa, city officials estimate.

City attorneys are working on a second ordinance that would affect sober-living homes in neighborhoods zoned for multifamily units.

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