Legal News

Ninth Circuit Rules Lawsuit May Proceed Against Ordinance Restricting Group Homes
Download PDF
1 Star2 Stars3 Stars4 Stars5 Stars (No Ratings Yet)
Loading...

On Friday, a unanimous Ninth Circuit Court of Appeals revived lawsuits against a Newport Beach ordinance that restricts group homes meant for helping drug addicts recover. The Newport ordinance was taken as a model and followed in many other California communities where residents thought group homes as blight in their residential neighborhoods.

The Ninth Circuit opined that there is strong possibility that the ordinance was motivated by illegal discrimination, and it is open for plaintiffs to challenge the ordinance in a trial.

  
What
Where


The zoning ordinance implemented in 2008 closed down most group homes in Newport Beach and forced others to restrict their activities.

Writing for the three-judge panel, Judge Stephen Reinhardt wrote that in the matter, a federal trial judge erred and disregarded evidence that the city’s “sole objective in enacting and enforcing its ordinance was to discriminate against persons deemed to be disabled under state and federal housing discrimination laws.”

Reinhardt further observed, “It appears either to be the case that very few ‘group residential’ facilities that were not group homes existed when the ordinance was enacted, or if such facilities existed, the city did not enforce the ordinance against them.”

Get JD Journal in Your Mail

Subscribe to our FREE daily news alerts and get the latest updates on the most happening events in the legal, business, and celebrity world. You also get your daily dose of humor and entertainment!!




In April 2007, Newport Beach had 73 group homes, and the count is now down to 27.

The court also observed that the city had created a special task force to locate and identify group homes, conduct surveillance and enforce the zoning laws strictly against such places.



Group homes remain controversial in the mind of many people for right or wrong reasons. Conservative residential neighborhoods view group homes as exhibiting and sheltering deviant role models that are destructive. For many addicts, group homes help to rehabilitate, and for many they are to be used for profits.



 

RELEVANT JOBS

Corporate Attorney

USA-NJ-Fairfield

Full-Time or Part-Time Corporate Attorney We are a boutique corporate and commercial transactiona...

Apply now

Experienced Family Law and Estate Litigation Attorney

USA-NJ-Ridgewood

Prominent Ridgewood, NJ Elder Law firm seeking a New Jersey Licensed Attorney with at least two year...

Apply now

Full-Time Litigation Associate

USA-CA-Los Angeles

Downtown Los Angeles law firm seeks a full-time litigation associate.  Ideal candidates should ...

Apply now

Attorney

USA-CA-Newport Beach

The Newport Beach office of Lee Hong Degerman Kang & Waimey is looking for graduates of accredited l...

Apply now

BCG FEATURED JOB

Locations:

Keyword:



Search Now

Real Estate Attorney

USA-SC-North Charleston

North Charleston office of our client seeks real estate attorney with experience. The candidate will...

Apply Now

Senior Family Law Litigation Attorney

USA-CA-Corona

Corona office of our client seeks senior family law litigation attorney with 10+ years of experience...

Apply Now

Transactional Attorney

USA-IA-Iowa City

Iowa City office of a BCG Attorney Search Top Ranked Law Firm seeks transactional attorney with 2+ y...

Apply Now

Most Popular

SEARCH IN ARCHIVE

To Top