Costa Mesa can regulate sober living homes, 9th Circuit rules

The 9th U.S. Circuit Court of Appeals gave the city of Costa Mesa broader authority to regulate sober living homes Wednesday.

"The case is important because it affirms the authority of local governments to thoughtfully regulate sober living homes for the benefit of both local residents and those in recovery," said M.C. Sungaila, shareholder at Buchalter and attorney for Costa Mesa.

The city was sued by three nonprofit corporations, Yellowstone Women's First Step House, California Women's Recovery Inc. and The Sober Living Network, in 2014. The corporations operate homes where recovering drug addicts live together in what's generally advertised as a therapeutic environment geared toward long-term recovery.

The lawsuit alleged that the city's zoning and public nuisance ordinances discriminated against people recovering from drug addictions by making it impossible for sober living homes to operate.

After U.S. District Judge James V. Selna issued a final judgment in favor of Costa Mesa in 2019, the nonprofits appealed the decision. Yellowstone Women's First Step House, Inc., et al. v. City of Costa Mesa, 14-CV01852 (C.D. Cal., filed Nov. 20, 2014).

But the 9th Circuit panel consisting of Judge M. Margaret McKeown, Judge Jacqueline Nguyen and U.S. District Judge for the District of Columbia Royce C. Lamberth, affirmed Selna's ruling.

According to a brief filed by the city, changes in state laws have increased the number of unlicensed sober living homes in Southern California, causing disruption in residential neighborhoods. In Orange County, Costa Mesa has the highest percentage of recovery facilities.

According to the brief, Costa Mesa enacted ordinances aimed at imposing standards and licensing requirements for group homes, which caused a string of lawsuits.

Wednesday's decision is the latest victory in Costa Mesa's legal battles against sober living homes.

The city has been sued in separate lawsuits in Americans with Disabilities Act and Fair Housing Act challenges. But the city has also filed lawsuits against several treatment homes in the Central District and Orange County Superior Court, alleging that the homes violate public nuisance ordinances. The city has reportedly spent over $7 million in legal fees.

"All but one of these cases have been decided in the City's favor by a jury or the district court, and this Court affirmed the judgment in the lone prior appeal to have reached a merits determination," the city's brief stated.