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.