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COMMUNITY COMMENTARY:

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Group homes for alcohol and drug recovery have recently been the subject of considerable controversy in Newport Beach, particularly on the Balboa Peninsula. Some residents believe I have exercised influence to thwart a resolution to the controversy. Unfortunately, that conclusion is incorrect and a distraction from a viable resolution. I was retained to facilitate discussions among CRC Health Group, Inc., the largest provider of drug and alcohol treatment facilities nationwide, and members of the City Council and staff to try and find a resolution to this issue.

My first involvement with group homes dates back to 1999, when I introduced legislation to create a 1,000-foot separation between care facilities. The bill failed because federal law prevents dispersion requirements, under the Federal Fair Housing Amendment Act of 1988. Recently, Sen. Tom Harman introduced a bill imposing a 300-foot separation requirement. His bill died for the same reason.

News stories have stated that I lobbied against Harman’s bill. Even Councilman Steve Rosansky said over radio that I caused the bill’s defeat by using my position as GOP chairman to influence Republican policy makers to vote against the bill. These allegations are false. In politics, it can be far easier to utter a false or misleading sound bite than to explain the complexities of federal law.

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The solution to this problem involves understanding two overriding facts: Firstly, we live in a culture with significant alcohol and drug abuse that cannot be ignored. Who among us does not know someone who has struggled with alcohol or drug addiction? Secondly, federal law provides (and the courts have upheld) that local governments may not impose dispersion requirements on homes treating those in recovery.

With those facts understood, formulating a viable solution requires a discussion among the City Council, constituents, property owners and those in need of recovery. I have recommended that providers of group home services work with the city to create self-imposed regulations that would address some of the concerns of Newport Beach.

This effort would not solve every problem because other providers would not be bound by self-imposed regulations of one or more of the largest providers of group home services. However, it would be a step in the right direction for the largest provider, who incidentally does not provide care to parolees — a common, if not convenient, misunderstanding.

The city of Newport is attempting to address the issue with an ordinance. If the ordinance is deemed preempted by federal law, all concerned people should be prepared to work toward a voluntary resolution with group homes willing to have that dialogue. After all, a perfect solution that cannot be attained will always be inferior to a small, but important step in the right direction.

Serious leadership in the future on this complex issue will necessarily involve a compromise. Compromise will not satisfy everybody, but the status quo apparently does not either.


SCOTT BAUGH is the chairman of the Orange County Republican party and a former state assemblyman.

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