‘Sober living homes’ sue city to block zoning ordinances

SANTA ANA -- A closely watched civil trial pitting sober living homes against the city of Costa Mesa in a battle over government regulations is underway in federal court.

Jennifer L. Keller of Keller/Anderle LLP is defending the city against claims of civil rights violations and violations of the Fair Housing Act, Americans with Disabilities and California Fair Employment and Housing Act.

Plaintiffs Yellowstone Women's First Step House, California Women's Recovery Inc. and The Sober Living Network are three nonprofit corporations that operate homes where recovering drug addicts live together in what's generally advertised as a therapeutic environment geared toward long-term recovery.

They're represented by Christopher A. Brancart of Brancart & Brancart, Isaac R. Zfaty and Garrett M. Prybylo of Zfaty & Burns, as well as Steven G. Polin, a Washington, D.C. sole practitioner. Yellowstone Women's First Step House, Inc., et al. v. City of Costa Mesa, 14-CV01852 (C.D. Cal., filed Nov. 20, 2014).

U.S. District Judge James V. Selna is presiding.

At issue are zoning and public nuisance ordinances the plaintiffs claim discriminate against people recovering from drug addictions by making it impossible for sober living homes to operate. The complaint says prior rulings in a lawsuit against the city of Newport Beach "unleashed the forces underlying Costa Mesa's conduct in this case." That case settled in 2015. Pacific Shores Properties LLC v. City of Newport Beach, 11-55460 (9th Cir. 2014).

Keller is arguing the ordinances were a needed and nondiscriminatory response to homes that exploit addicts for profit and ruin residential neighborhoods.

She told jurors in her opening statement on Wednesday the homes, which aren't subjected to licensing, surged with the passage of the Affordable Care Act, which requires insurance carriers cover addiction treatment with no residency requirement for coverage in California.

That led to an influx of people with addictions who often are exploited by greedy home operators and growing anger from neighbors who complained of unruly and sometimes criminal behavior, Keller said.

The first witness was former Costa Mesa assistant city manager Rick Francis, followed by Dave Sheridan, executive director of The Sober Living Network.

Keller's associate, Chase A. Scolnick, asked Sheridan during cross examination if he believed the city should allow a sober-living home to be operated by someone who "was just released from prison for, say, burning down a sober living home."

"I'm not sure. I don't know how I'd feel about that," Sheridan answered.

"I would like to protect the residents of any home in my community, but I wouldn't like to do it in a way that prevented people with criminal histories from getting on with their lives unless they're proven to be a public danger," Sheridan continued.

Scolnick ended by asking Sheridan if he knew the Orange County district attorney's office has criminal indictments against several sober living homes.

Polin objected, and Selna sustained. Scolnick asked no more questions.