A U.S. District Court judge issued an injunction today to temporarily stop Newport Beach from clamping down on licensed drug and alcohol recovery homes that house six or fewer recovering addicts, but also ruled he would allow the bulk of a city ordinance aimed at curbing the spread of the recovery homes to stand.
Judge James Selna decreed the city cannot force drug and alcohol recovery homes that are already licensed by the state to apply for permits if they house six or fewer people. The city can regulate larger homes and unlicensed homes where six or fewer recovering addicts live, but regulating smaller, licensed homes flies in the face of state law, the judge ruled.
“We’re absolutely pleased,” said attorney Jim Markman, who represents the city on the rehabilitation home issue. “We understood where the difficult areas were and we are very happy with the court’s reaction to the ordinance as a whole.”