BREAKING: FEDERAL JUDGE DISMISSES LAWSUIT AGAINST CITY OF COSTA MESA OVER ITS GROUP HOME ORDINANCE
Not only did the court not find that Costa Mesa's ordinance harmed the disabled, but that it actually is a benefit for them.
Here's the complete press release we just received from the City:
Federal judge dismisses group-home lawsuit filed against Costa
Mesa
Posted Date: 1/23/2015
A
federal district court judge on Friday dismissed a lawsuit that alleged Costa
Mesa’s new ordinance limiting the number of group homes in single-family
residential neighborhoods discriminates against the disabled.
At the
federal courthouse in Santa Ana, Judge James V. Selna ruled that, in fact, the
city’s ordinance—passed in October—provides a benefit by giving “individuals
with disabilities an alternative housing option in [single-family, residential]
zones that is not available to individuals without disabilities.”
Judge
Selna pointed out that while Costa Mesa generally prohibits large
boardinghouse-style operations in single-family residential neighborhoods, the
city had made an exception for group homes that house those with federally
recognized disabilities such as drug and alcohol addiction.
“We’re pleased that our group-homes ordinance passed an
important legal test,” said City CEO Tom Hatch. “The court clearly saw that the
ordinance’s intent and effect are to both ensure that our city retains a high
quality of life in our residential neighborhoods and provide a true residential
setting for handicapped individuals.”
The
judge allowed the plaintiff—sober-living home operator Solid Landings/Sure
Haven—14 days to amend its complaint.
In November, Solid Landings/Sure Haven filed a
federal lawsuit against the City of Costa Mesa over the group-home ordinance
that requires operators wanting to remain or locate in single-family
residential neighborhoods to file a permit application, limits group homes to
six or fewer beds plus one for a house manager, and requires sober living homes
to be separated from each other by at least 650 feet. The plaintiffs sought a
preliminary injunction to stop the ordinance from going into effect. That injunction
was denied with the dismissal of the lawsuit.
The city
argued in legal filings that the ordinance was enacted to achieve two
overlapping goals: to preserve the residential nature of single-family
neighborhoods and to ensure sober-living programs receive the maximum benefit
for their clients in recovery by operating in those communities.
The
court agreed, ruling that the city’s regulations of sober-living homes
“preserve the residential characteristics of the neighborhood and ensure that
the residential recovery environments desired by many remain truly residential
in nature. It is clear that the ordinance contemplates and guards against the
unfettered proliferation of [sober living homes] in residential neighborhoods,
which could destroy the comfortable living environments that contribute to
recovery.”
# # #
COUNCILPERSON FOLEY WANTS THE AG TO GIVE AN OPINION ON WHETHER OR NOT MESSRS. MENSINGER AND RIGHEIMER CAN NEGOTIATE WITH ONE OF THE POLICE UNIONS BECAUSE OF THEIR LAWSUIT AGAINST THE OTHER POLICE UNION
Ms. Foley risibly argues that because the contracts used by both unions are similar, there is a conflict.
We think this is a very weak and specious argument.
The issue is not, as Ms. Foley maintains, whether or not the two boiler plate contracts are similar, but whether or not the two police associations are separate entities.
If they are separate entities, then the AG will probably opine that there is no conflict of interest.
If, however, they are not separate entities, the AG might say there is a potential conflict of interest.
However, in this latter case, there may be something of a Catch 22, in that if the two associations are shown to not be separate entities--and Ms. Foley wins her attempt to keep the two councilmen from negotiating the contract, it may end up a Pyrrhic victory as the second association may be joined (and one imagines while kicking and screaming) to the present lawsuit against the first association.
# # #
WOMAN SAYS SHE WANTS PEOPLE TO SHOW SUPPORT FOR POLICE OUTSIDE OF GARY MONAHAN'S RESTAURANT
Mary Spadoni (seen at a city council meeting) doesn't like the fact that Gary Monahan is holding a fundraiser for the girlfriend and her young son who were with a man when he was shot to death by the CMPD.
# # #
DOES THE CMPD NEED CIVILIAN OVERSIGHT?
That's a question the City Council should be asking.
# # #
THE WORLD...
PORTLAND, OREGON--AMERICAN FREEDOM PARTY ACTIVISTS HELP WHITE HOMELESS PEOPLE WITH FREE CLOTHING AND MORE
All distinct peoples should help their own. This is the natural extension of the belief that all individuals should look out for their own self interests. And, this is the basis of traditional White beliefs in self-reliance and self-responsibility and this all flows from nature's first command to all organisms: preserve yourself (self-preservation).
Take care of yourself and your own. Nature doesn't give any organisms a free ride.
# # #
TWENTY EIGHT HIGH RANKING BLACK MEMPHIS COPS MAY BE DEMOTED BACK TO THE RANKS THEY SHOULD HAVE HAD ALL ALONG
Years ago, the 28 Black cops flunked tests for promotion and then sued claiming the tests discriminated against them. The lower court agreed and the Black cops got promoted over better qualified Whites.
Now a higher court has reversed the ruling and says the tests were not discriminatory.
# # #
SAN FRANCISCO--LYING BAD COP FACES PRISON TIME
Made illegal searches and lied about it.
No Police Department needs lying bad cops.
# # #
Does anybody know how much campaign contributions Foley took from this same Police Association? Just curious.
ReplyDeleteFoley knows that everyday there is no new contract, the police keep their current pension formulas, the city keeps paying a large share of the police employee contribution to CalPERS, the police keep the huge pay raises they get if the city does well financially and the police keep all the giveaway provisions in their contract. The last things the cops want is a new contract. A nice, shiny AG opinion would mean another delay of many months. Foley is simply doing the job the associations paid her to do.
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