Pubdate: Sat, 17 Mar 2007 Source: Palm Beach Post, The (FL) Copyright: 2007 The Palm Beach Post Contact: http://www.palmbeachpost.com/ Details: http://www.mapinc.org/media/333 HELPING ADDICTS, CITY U.S. District Judge Donald Middlebrooks found a reasonable compromise in Boca Raton's years-long dispute with the owner of two homes for recovering addicts: Yes, the homes can be in residential areas; and, yes, the city can restrict the services offered at the homes. The city argued that its ordinance requiring the homes to be in a medical or commercial district only aimed to protect the character of its neighborhoods. But during a weeklong trial in January, Judge Middlebrooks found that the sober homes did not stand out, did not draw additional cars or foot traffic and were not a burden on public resources. And he recognized the value of a sober home being placed in a residential area instead of a commercial area, where triggers for relapse were more prevalent. To urge that the sober houses be moved out of neighborhoods, the city cited treatment and rehabilitation activities that were commercial and medical in nature at Boca House and Awakenings. But the law addressed only drug tests, which Judge Middlebrooks found did not "negate the fact that those individuals were living in the apartment building, making it their home." On that point, the city may recraft its ordinance. But by attempting to limit the homes to certain areas, Boca Raton's ordinance, Judge Middlebrooks ruled, violates the federal Fair Housing Act by singling out disabled people - addicts - and applying different rules to them. That the city's discrimination was unintentional was no excuse. The city also attempted to restrict the houses by a separate law limiting to three the number of people who could live in each house. While Judge Middlebrooks found that Steve Manko, who operates the sober houses, was acting often more for profit than the recovery interests of his clients, the judge agreed that the addicts need an opportunity to live in groups. But the judge also found "nothing wrong with the number three that the city has chosen. A city must draw a line somewhere." Appropriately, Judge Middlebrooks drew the line on damages to $1, instead of the $20,000 sought for each of four recovering addicts and $926,000 for Mr. Manko, who had "unclean hands" in his history with the city. The better remedy, as Judge Middlebrooks ruled, allows addicts to live in a setting that enables recovery and allows the city to ensure that setting is safe for the addicts and their neighbors. - --- MAP posted-by: Elaine