City to expect rehab suits

Newport Beach will inevitably face one or more lawsuits after it implements new rules aimed at curbing the spread of drug and alcohol rehabilitation homes in the city, Councilman Steve Rosansky said Wednesday.

“There will be one or more lawsuits filed by the sober living facilities,” Rosansky said. “They will have no choice but to attack the validity of a new ordinance.”

Both rehabilitation home operators and Newport Beach residents say they are unhappy with the new rules. Rehabilitation home owners claim the rules are discriminatory, while residents say the new regulations don’t go far enough.

Newport’s City Council unanimously approved the new ordinance Tuesday that would require most homes get use permits to remain open and subject the homes to a public hearing process to gain approval. The new rules could go into effect as early as February.

“They did not do anything that has teeth in it,” said Denys Oberman, from the group Concerned Citizens of Newport Beach, which has led the charge for new rehabilitation home rules in the city. “We consider the ordinance to be unsatisfactory and we are going to move forward with our plans.”

Such plans would likely include a multimillion dollar lawsuit against the city and calls for city council members to step down or be removed from office, Oberman said Wednesday.

The group lobbied the city to include language in the new ordinance that would keep rehab homes from operating within 1,000 feet of each other and schools, parks and bars. The residents also asked city officials to put a limit on how many rehabilitation homes could operate in the city. The city rejected the residents’ demands because it claimed such rules could be seen as discriminatory if they were challenged in court.

At least one group home operator has plans to challenge the ordinance in court, said John Peloquin, vice president of operations for CRC Heath Group, which owns Sober Living by the Sea, the largest rehabilitation home operator in Newport.

“I’m still disappointed in this direction the city is taking with the ordinances,” Peloquin said. “We will fight, and we will fight for our rights.”

Peloquin said he has tried to come up with a compromise with city officials and has advocated working together with residents to find a solution without a new ordinance.

The peninsula residents contend their neighborhoods are overrun with rehabilitation homes that cause problems with traffic, second-hand cigarette smoke and crime. Recovering addicts come to Newport from across the country for treatment.

Peninsula residents said their neighborhoods are unsuitable for rehabilitation centers because of their close proximity to bars and numerous rental houses that often host raucous parties in the summer months. Peloquin claims many of the residents’ complaints are exaggerated and that one or two bad operators in the city give reputable facilities like Sober Living by the Sea a bad name.

BRIANNA BAILEY may be reached at (714) 966-4625 or at brianna.bailey@latimes.com.