Rehab rule may be halted

A U.S. District Court judge said Monday he will probably move to temporarily stop Newport Beach from clamping down on licensed drug and alcohol recovery homes that house six or fewer recovering addicts.

In a 20-page tentative ruling, U.S. District Court Judge James Selna decreed the city cannot force drug and alcohol recovery homes that are already licensed by the state to apply for permits if they house six or fewer people. The city can regulate larger homes and unlicensed homes where six or fewer recovering addicts live, but regulating smaller, licensed homes flies in the face of state law, the judge tentatively ruled. Selna also said he would allow the bulk of a city ordinance aimed at curbing the spread of the drug and alcohol recovery homes in the city to stand. The tentative ruling is a mixed victory for the city. Newport Beach faces several legal challenges from both residents and rehabilitation homes on its policies on drug and alcohol recovery facilities in the city.

“I’m very happy — I’m ecstatic,” said Attorney Jim Markman, who represents the city on the rehabilitation home issue. “The court did not invalidate the ordinance that we worked so hard on. There’s seven pages out of those 20 pages that describes why our ordinance is not facially discriminatory.”

Selna said in a court hearing Monday he would probably make a final decision on the matter before May 22 — the deadline for recovery homes to apply for city permits under a new Newport Beach ordinance aimed at curbing the spread of the homes in the city.

Sober Living by the Sea, the city’s largest operator of rehabilitation homes has asked the court for a permanent injunction to stop the city from enforcing the ordinance. The new rules require most of the homes to undergo a public hearing process and obtain permits to remain open.

About 20 homes in the city would be affected under ruling, Markman said, most of them owned by Sober Living by the Sea. The rest would still be required to file for a permit.

Sober Living by the Sea claims the ordinance discriminates against recovering drug addicts and alcoholics. The rehabilitation center houses many of its clients in rented houses and duplexes scattered across Balboa Peninsula.

Attorneys for Sober Living by the Sea claimed in court Monday the city has unfairly focused its energies on the homes, which are the same in the eyes of the law as a rented house occupied by a group of roommates.

“The city has clearly expressed an intention to focus on these facilities,” said Attorney Richard Terzian, who represents Sober Living by the Sea. “[Assistant City Manager Dave Kiff] was taken away from many other duties to become an enforcement czar.”

Terzian also alleged the city has enforced the code for rehabilitation homes, singling out the facilities for violations not enforced elsewhere and allowing anonymous informants to lodge complaints.

“The city can engage in code enforcement, but it has to be nondiscriminatory,” Terzian said.

WHAT DO YOU THINK?

What do you think of the judge’s tentative ruling? Send us an e-mail at [email protected] or leave a comment on our website.

BRIANNA BAILEY may be reached at (714) 966-4625 or at [email protected].