Land Use or Discrimination?

An advocate for the disabled is charging discrimination after the Fountain Valley Planning Commission voted against allowing an activities center for adults with disabilities to open in a Brookhurst Street strip mall.

Arleen Doan, co-owner of Enriching Inc., said the commission’s decision “is definitely discrimination” against the disabled.

Enriching, a for-profit company that owns three group homes for disabled adults in Orange County, has appealed the decision to the City Council, which will consider the matter next month.

The commission denied Enriching’s request to house an activities center for adults with cerebral palsy in a storefront. The proposed site is across from Mile Square Park, at Brookhurst Street and Heil Avenue. The site was chosen because it’s close to the park, a library and shopping.

“They are rejecting this just on the basis of whom the consumer of the program is,” Doan said.

City officials have repeatedly denied the accusation.

“It’s silly [to think] that the Planning Commission of this city is against the disabled,” said Mayor Larry Crandall, who noted that Fountain Valley is the site of a regional Special Olympics on Saturday.

The Planning Commission rejected the Enriching proposal last month because, members said, the site lacked open space, the city feared buses carrying the adults would be noisy and the site doesn’t have a yard.

Rhys Burchill, executive director of the state Area Board 11 on Development Disabilities, said it would be difficult to prove discrimination played a role in the decision.

But she said she was concerned about the veto because there is only one similar program in the area. “We don’t have statistics, but we know there are people sitting at home with no program at all. This would serve a need,” she said.

Most of the disabled people who would use the center live in Medicaid-funded group homes that require that they participate in activities during the day. They now meet at public places, but those frequently present access problems, Doan said.

Annie Wilshek, 45, who has cerebral palsy and uses a wheelchair, hopes Enriching is able to open its Fountain Valley operation.

She lives in a residence owned by Enriching in Costa Mesa and participates in a group that meets in parks and goes shopping on weekdays. But when she needs to go to the bathroom, she must ask for a ride home.

Wilshek needs several pieces of equipment that are not available in public toilets. Because she has a hip problem, it is painful even if several people lift her.

“I feel I should be in a program that can meet my bathroom issues every day,” said Wilshek, who often goes home two hours after her six-hour program begins.

Fountain Valley Planning Director Andy Perea said he rejected the idea that the decision was based on who would use the center.

He said he recommended voting against Enriching because without an outside gathering place, participants could end up loitering in the parking lot.

Responding to Planning Commission concerns, Enriching countered with traffic studies, maps of alternate drop-off sites for clients and plans to add an outdoor area. Enriching also cut the number of staff and clients expected to attend programs from 35 to 30.

According to Perea, the activities center is not suited to a retail center. But Doan said that only half of the center is retail.

Perea acknowledged that Doan has tried to find solutions to the city’s objections. City officials said they will review the proposal.

“I’d like to keep as much of an open mind as possible. I do believe it is a land-use issue and the decision will be made based on issues related to land use,” said City Councilman John Collins.