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Group Home Lawsuits Against Newport Dismissed

Group home operators have filed an appeal with the Ninth Circuit Court of Appeals, according to the city.

Lawsuits filed in federal court against Newport Beach over its ordinance regulating sober living homes are headed to an appeals court after a judge this month entered a notice of dismissal in the case, according to the city.

In his latest decision in favor of the city, federal Judge James V. Selna found in January that the ordinance did not cause financial damages to three sober living home operators and two residents of sober living homes in Newport, according to a statement from the city. The operators, in turn, agreed not to try the rest of the case in front of Selna, who entered his notice of dismissal of the case March 14. A week later the operators filed an appeal with the Ninth Circuit Court of Appeals, according to the city's statement.

"The city has always said that we can protect the fair housing rights of persons in recovery and keep the single-family nature of our residential neighborhoods," Mayor Mike Henn said in a statement. "Our ordinance has passed another important test."

The city's 2008 ordinance requires group homes in Newport to get a use permit from the city and restricts facilities to multi-family areas.

emily March 31, 2011 at 04:52 PM
I have always been on the look out for a good home and as long as the homes don't pack them in like sardines, no more than 2 in a room, I think it is fine to continue to have them in single family residential areas. There is no ban on renting your house out to un sober people who trash the neighborhood and the ones that are trying to stay sober are supposed to be a special class of protected individuals, like the disabled. I know there are different types of sober living homes those that don't let you move in until you are 30 days sober or can pass durg test and those that will take those at any time, maybe classification of the types of homes would solve the problem of those not proven seriously trying to be sober getting into homes that are in single family neighborhoods. It is a shame that some streets have a bad reputation in this nice city, but the owners who have consented to continually rent and not fix up their places are to blame not those that find refuge in these lower rent streets.
Kelly Sawyer "Animal Defender" November 01, 2011 at 08:55 PM
I agree with Mayor Mike Henn completely... many Sober Living Facilities practices violate Fair Housing Laws and Disability Rights. This is not only a positive move for neighborhoods of Newport Beach, but for the standard of care for the disabled in which they house. Thank you Council and Mayor Henn.

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