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City attorney: 9th Circuit ruling clears path for Mission Viejo to craft sober‑living rules
Summary
The City Attorney told council that a 9th U.S. Circuit Court of Appeals decision upholding regulations of sober‑living facilities reduces the risk of discrimination claims and allows Mission Viejo to move forward on a tailored ordinance.
City Attorney (public) summarized recent appellate litigation regarding regulations of sober‑living group‑care facilities and told the council the 9th U.S. Circuit Court of Appeals upheld a trial jury's decision that certain local regulation of these facilities does not violate federal disability discrimination law. "Now that we have a reliable decision, it's time for us to prudently take action to protect our community and those residents," the City Attorney said, adding the decision reduces legal uncertainty about pursuing local regulations.
The City Attorney described the litigation's history — including a jury verdict, intervening appeals and a challenge from operators who argued regulations discriminated against persons with disabilities. He advised staff, police and legal counsel will work together to draft an ordinance tailored for Mission Viejo, modeled closely on the Costa Mesa approach but fine‑tuned for local needs. Councilmembers indicated they plan to review proposed language with staff before returning it to a future council agenda for consideration.
