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Mayor says federal fair-housing law limits local action after drug arrest at sober-living house

Marion City Council · October 14, 2025
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Summary

After a Williamson County narcotics investigation at a self-described sober-living house in Morningside, Mayor Absher told the council federal fair-housing protections generally prevent the city from banning sober-living homes; he said the city can enforce nuisance, safety and criminal laws when illegal activity occurs.

Mayor Absher read a statement into the public record about a recent drug investigation at a self-described sober-living residence in the Morningside Subdivision and explained the legal limits on city authority.

"Under the law, people in recovery from alcohol or drug abuse or with mental health conditions are considered disabled, and they cannot be denied housing because of that status," Absher read, summarizing federal protections and case law that have limited municipalities' ability to single out sober-living homes through zoning. He said the city cannot "ban outright or relocate a so-called sober living home simply because neighbors object to it."

The mayor said Williamson County Sheriff's deputies investigated the site and made arrests in the incident. Absher emphasized that while federal law constrains zoning-based bans, the city can and will enforce nuisance and safety codes and criminal laws where illegal activity or direct threats to safety occur: "Where the line is drawn, these protections do not apply to people who are currently using illegal drugs and residents who create a direct threat to the safety of others or cause major property damage," he said.

Absher said the city's role is to hold property operators to the same rules as other landlords (trash, grass, nuisance), and to pursue enforcement when there is evidence of illegal conduct. He urged residents to report concerns and praised Williamson County and the narcotics unit for responding to the recent incident.

The mayor's statement was entered into the record and council members discussed next steps limited to enforcement of applicable codes rather than zoning changes targeting sober-living facilities.