Pac. Shores Properties v. City of Newport Beach, No. 11-55460 (9th Cir. 2013)Annotate this Case
At issue in this case was the City's enactment of an ordinance which had the practical effect of prohibiting new group homes - i.e., homes in which recovering alcoholics and drug users live communally and mutually support each other's recovery - from opening in most residential zones. The court reversed the district court's dismissal of plaintiffs' disparate treatment claims; plaintiffs have created a triable fact that the ordinance was enacted in order to discriminate against them on the basis of disability, and that its enactment and enforcement harmed them; and the court reversed the district court's dismissal of all of plaintiffs' damages claims, except for its dismissal of Terri Bridgeman's claim for emotional distress.
The court issued a subsequent related opinion or order on March 4, 2014.