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February 25, 2020 – In what could be a major win for the city of Costa Mesa — waging a lonely and expensive battle over sober living homes while other impacted Orange County cities look on — a tentative court ruling holds that disability can’t be used as both sword and shield. That assertion by a federal court judge could empower other cities to exert greater control over addiction recovery homes — something many cities have been reluctant to do for fear of being sued.
On Monday, Feb. 24, U.S. District Court Judge James V. Selna entertained arguments over his tentative order to grant the city’s request for summary judgment in the federal discrimination lawsuit brought against the city of Costa Mesa by Casa Capri. That would end the case.
Casa Capri charged that the city’s tough new regulations for sober living homesdiscriminate against the disabled, violating the federal Americans with Disabilities Act and Fair Housing Act.
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