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ACLU and Housing Providers Ask Federal Court to Strike Down Boca Raton Ordinance That Bans "Sober Houses" in Neighborhoods
March 7, 2003
WEST PALM BEACH, FL ? In a federal lawsuit filed today, the American Civil Liberties Union (ACLU) Palm Beach Chapter and two housing providers for persons recovering from drug or alcohol addiction challenged a Boca Raton zoning ordinance that effectively bans former addicts from living in the city's residential areas, saying the law blatantly discriminates against people in recovery.
"One of the most important aspects of recovery for many former addicts is avoiding relapse by living in a healthy, functional environment surrounded by others who are not abusing alcohol or drugs," said ACLU cooperating attorney James Green of West Palm Beach. "Rather than supporting their efforts to stay sober and become productive members of society, the city is evicting recovering alcoholics and addicts from their homes in residential neighborhoods and forcing them to live in isolated business and warehouse districts where such a support system is virtually non-existent."
At issue is a Boca Raton ordinance that expands the definition of treatment facilities in such a way that it specifically bans housing for people in recovery in the city's residential areas, restricting such housing to business areas zoned for medical and hospital use. The ordinance also prohibits such residences from being located within 1,000 feet of each other. It affects more than 12 so-called "sober houses" such as the Boca House and Awakenings, where recovering addicts live together in residential neighborhoods for mutual support.
The Boca Raton City Commission passed the ordinance in May 2002 in response to mounting public pressure from residents to remove the drug and alcohol recovery housing from residential neighborhoods. The Boca House and Awakenings housing providers and the residents who live there argue the ordinance was "motivated by public prejudice against persons in recovery." At a public hearing adopting the ordinance, one person called the facilities "ghettos" that attract "pedophiles, murderers, God knows what ?"
"The Boca Raton City Commission enacted the ordinance based on the stereotypes and generalized fears about people in recovery for addiction," added Green. "Elected officials had a duty not to allow prejudices of the majority to influence their decision making process, but instead they chose to pass a discriminatory law that excludes recovering alcoholics and addicts from residential areas simply because the ban has public support."
The case was brought by Gerry S. Gibson, Gabriel E. Nieto and Ed Lombard of the law firm of Steel Hector & Davis LLP on behalf of two housing providers, Boca House and Awakenings, and by the ACLU on behalf of seven recovering alcoholics or drug addicts living in rental apartments operated by the Boca House and Awakenings. Both Boca House and Awakenings rent out apartments, townhomes and single-family homes to individuals who are recovering from substance addiction so they can live in an alcohol and drug-free environment. The residents of Boca House and Awakenings are considered "persons with disabilities" under federal law.
The complaint charges the city is in violation of the Fair Housing Act and the Americans with Disabilities Act ? two federal laws that prohibit discrimination against persons with disabilities. The plaintiffs are seeking an injunction to prevent the city from evicting the residents.
The case is Jeffrey O. et al. v. City of Boca Raton. Gibson is a partner with Steel Hector & Davis LLP in West Palm Beach, Nieto is a partner and Lombard is an associate in the firm's Miami office. Green serves as the Legal Panel Chair for the ACLU of Florida's Palm Beach Chapter.
Contact:
West Palm Beach: James Green, ACLU Palm Beach Chapter, 561-659-2029;
Miami: Alessandra Soler Meetze, ACLU-FL, 305-576-2336, ext. 16
