Newport Beach Seeks Supreme Court Review Review on Sober Living Home Ordinance

In a prior blog post I had written about Newport Beach’s Ordinance that was meant to regulate the location and number of sober living homes in the City. Recently, Newport Beach has decided that to ask the U.S. Supreme Court to review the 9th Circuit Court’s decision that found Newport Beach’s ordinance to be discriminatory.

Newport Beach’s ordinance essentially prohibited sober living homes in the City although it was not directly aimed at sober living homes in the language of the ordinance. However, the Ninth Circuit found that Newport Beach still allowed other group living situations, such as short term rentals. Newport Beach required sober living homes to receive permits through a lengthy and exhaustive process. Although on its face Newport Beach’s ordinance did not appear discriminatory, the record showing when the Ordinance was enacted provides a number of examples of the discriminatory intent to essentially run sober living homes out of Newport Beach.

The Ninth Circuit found that the sober living homes that had sued the City of Newport Beach to overturn its ordinance had enough evidence to show discrimination under the Federal Fair Housing Act, the Americans with Disabilities Act, the Equal Protection Clause in the U.S. Constitution, and California’s Fair Employment and Housing Act. The Ninth Circuit ordered it back to the trial court in order for a trial court to make its decision whether or not Newport Beach’s ordinance was discriminatory and could be overturned.

However, Newport Beach has decided to appeal the Ninth Circuit Court’s ruling to the U.S. Supreme Court halting any further action until the U.S. Supreme Court makes a decision whether or not to review the case. The OC Register summarizes the court battle inĀ Newport Beach Seeks Supreme Court Ruling on Sober Living Homes.