Judge dismisses sober-living case

A federal judge has dismissed a lawsuit alleging that Costa Mesa’s ordinance regulating sober-living homes was discriminatory against recovering drug and alcohol addicts.

In his Oct. 8 ruling, Judge James V. Selna said a subsidiary of Yellowstone Recovery, operator of sober-living homes in Costa Mesa, failed to prove that the ordinance violated state and federal laws that protect addicts, who are considered disabled.

Yellowstone was granted a chance to re-plead some of its case within 20 days.

The ordinance, adopted last fall, requires sober-living homes in single-family neighborhoods to obtain special permits and be at least 650 feet from one another. Those without permits could face closure proceedings.

The permits require various “good neighbor” policies that city officials contend will deter nuisance-like activity from occurring at the homes.

Yellowstone and its co-plaintiffs, which included the Sober Living Network, a nonprofit advocacy group, did not “plausibly allege how these distinctions have a disparate impact on individuals with disabilities,” Selna wrote.

“Plaintiffs do not allege any facts that demonstrate how limiting licensed residential care facilities to six or fewer residents has or will have an adverse or disproportionate impact on availability for housing for individuals with disabilities, particularly as the classification system for licensed care facilities is not new,” he continued.

The ordinance was drafted in response to the ever-increasing buildup of sober-living homes and related facilities throughout Costa Mesa.

With more recovering addicts moving in an out of the homes, according to city staff, many neighborhoods have become more institutional and less residential in nature. The 650-foot separation requirement was intended to prevent the homes’ proliferation.

Costa Mesa contains an estimated 150 sober-living facilities. Approximately 50 of them are in single-family neighborhoods, subject to the ordinance.

“We are very pleased with the court’s decision,” city CEO Tom Hatch said in a statement Thursday. “This ruling sends the right message and recognizes the city’s [considerable] efforts to balance the impact these homes have in the residential communities where they locate by requiring that they act as good neighbors.”

A Yellowstone attorney was not immediately available for comment Thursday afternoon.

The company’s case, filed in November, coincided with a similar one filed by Solid Landings Behavioral Health around the same time.

Selna also heard that case, which too purported discrimination, and twice dismissed it earlier this year. It is now pending on appeal.

Solid Landings operates between 20 and 30 sober-living facilities throughout Costa Mesa, according to City Hall estimates earlier this spring.