On March 7, 2003, a group of recovering alcoholics and drug addicts filed a lawsuit under the Fair Housing Act, the Americans with Disabilities Act,
and 42 U.S.C. § 1983 against the City of Boca Raton in the United States District Court, Southern District of Florida. The plaintiffs, represented by private counsel, asked the court for declaratory, injunctive, and monetary relief, claiming that an ordinance enacted by the city unlawfully prohibited drug and alcohol recovery facilites from operating within residentially zoned areas. Specifically, the plaintiffs claimed that they were direct targets of the ordinance which was passed in response to public outcry to remove the plaintiffs from residential neighborhoods.

On February 26, 2007, the court (Donald M. Middlebrooks) entered judgment in favor of the plaintiffs as to their Fair Housing Act claims. The plaintiffs were awarded nominal damages and the city was enjoined from enforcing section 2 of Ordinance 4649 and Section 28-2 as applied to recovering individuals.

After litigation over attorney fees and a failed appeal by the city, the case was closed.

Gregory Pitt - 07/31/2012


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