Costa Mesa notches fourth legal win in challenges to its sober-living home regulations

In a pattern that has become familiar in Costa Mesa, the city won a judgment in a lawsuit brought by a local sober-living home operator.

U.S. District Judge James Selna granted the city summary judgment Friday against Southern California Recovery Centers, a system of recovery homes that operated sites at 783 Hudson Ave., 208 Cecil Place and 175 E. 21st St.

“This is Costa Mesa’s fourth consecutive victory against the unscrupulous operators of sober-living homes in our city,” Mayor Katrina Foley said Wednesday. “We urge them to drop these lawsuits so our focus and funds can prioritize resident needs, public health and safety during this COVID-19 crisis.”

The SoCal Recovery case follows similar rulings against sober-living operators Pacific Shores Recovery, Casa Capri Recovery and Yellowstone Recovery.

SoCal Recovery sued the city in July 2018, alleging that Costa Mesa’s ordinances governing sober-living homes violated the federal Fair Housing Act, which prohibits discrimination against people with disabilities.

The two ordinances that limit how sober-living homes can operate in the city require them to apply for permits and be no closer than 650 feet from another sober-living home in residential areas. The intent of the ordinances was to prevent institutionalization of neighborhoods, according to the city.

SoCal Recovery had applied for permits for its sober-living homes but was denied by the Planning Commission and City Council because the homes did not comply with the 650-foot buffer rule.

The homes continued to operate, so the city sued SoCal Recovery in October 2018, alleging it was creating a public nuisance by violating city code.

Selna said in court documents that SoCal Recovery was unable to show that its clients were disabled.

“Plaintiffs have produced no evidence that the individuals at issue have a physical or mental impairment that substantially limits one or more major life activities,” according to the judge’s ruling.

Earlier in the case, SoCal Recovery’s lawyers asked Selna for a preliminary injunction ordering Costa Mesa to hold off on enforcing its regulations until the lawsuits concluded. Selna denied the request in September.

Garrett Prybylo, attorney for SoCal Recovery, was not immediately available for comment Wednesday. He said in September that he and his client “believe the law is on our side.”

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