SoCal Recovery, LLC v. City of Costa Mesa, Ninth Circuit Case No. 19-56077

In the trial court, an unlicensed sober living home operator and one of its residents asked the court to stop the City from enforcing its ordinances against unlicensed sober living homes in single- and multi- family residential zones within the City, claiming that the City’s actions violated the Fair Housing Act. The trial court denied the injunction request.

Plaintiffs appealed to the Ninth Circuit. On appeal, plaintiffs argued that one of their unlicensed sober living homes should have been excused from the separation requirement in City Ordinance 14-13, which requires sober living homes to be located 650 feet away from other sober living homes and licensed drug or alcohol abuse treatment facilities.

In June 2020 a unanimous panel of judges rejected that argument and concluded that the trial court appropriately denied the plaintiffs’ request for an injunction.

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