Ninth Circuit Rules Against Newport Beach Sober Home Ordinance As Discriminatory

newportbeachgroup.jpg
Ninth Circuit issues sober ruling
An Orange County federal judge's 2011 summary judgment favoring Newport Beach officials after the city enacted discriminatory group home ordinances was a bad ruling, according to a Ninth Circuit Court of Appeals decision announced today.

A three judge panel determined that U.S. District Court Judge James V. Selna shouldn't have disregarded evidence that violating state and federally-banned discrimination was "the city's sole objective in enacting and enforcing its ordinances" against homes where recovering drug and alcohol addicts temporarily reside.

"There is direct or circumstantial evidence that [city officials] acted with a discriminatory purpose and has caused harm to member of a protected class [and] such evidence is sufficient to permit the protected individuals to proceed to trial," a court-issued summary of the opinion states.

The appellate panel--comprised of Chief Judge Alex Kozinski as well as judges Stephen Reinhardt and Sidney R. Thomas--also determined that Selna erred by concluding that the plaintiffs, who claim they lost substantial business and incurred unnecessary expenses as a result of the city's discriminatory practices, weren't entitled to seek damages in court.

The judges also opined that Selna, a 2003 appointee of President George W. Bush, incorrectly dismissed a claim of infliction of emotional distress for one of the plaintiffs.

City officials, who'd vocally celebrated Selna's rulings as an affirmation of their tactics, enacted the controversial rules after group homes flooded neighborhoods and alarmed local residents fearful of addicts roaming their streets.

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Email: rscottmoxley@ocweekly.com. Twitter: @RScottMoxley.


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6 comments
tongue_twister_for_t
tongue_twister_for_t topcommenter

This is the way that Rome was before the people revolted against the 'authority" figures and Emperor Julius Ceasar's own constituants killed/murdered him after he went insane.

whateveryousay
whateveryousay topcommenter

Now there will be something due to the homes that were booted and there will also be a mini buying spree of properties for upscale group homes in Newport Beach.

I wouldn't want to live next to one of these places, but they have a right to exist.


18usc241
18usc241 topcommenter

So Christ-like to reject troubled souls. Carry on Orange County ... carry on.

vegandawg23
vegandawg23 topcommenter

@18usc241 What's christ have to do with anything? Sounds to me like a bunch of people who paid over a mil for their homes don't want a bunch of drunk/druggie screwups living next to them. I'm probably closer to a drunk/druggie screwup than a millionaire and I don't want them living near me. Why is this hard for you to comprehend? We gotta just accept everyone? Child molesters, Neonazis, papists, illegals, all need to be just accepted and allowed to live near anyone they want? What are you smoking? 

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