Judge: Suffolk law regulating sober homes discriminatory

A federal judge has struck down a 2003 Suffolk County law designed to regulate private residential housing for alcohol and substance abusers living together in so-called "sober homes," an action that local officials vow to fight.

In a 33-page decision, U.S. District Court Joseph F. Bianco said Suffolk's law violated the federal fair housing law and was "invalid" because it discriminated against residents in privately run sober homes.

Because of the legal challenge to the 2003 county law, Suffolk officials have been prohibited from enforcing it. They say they're now considering an appeal of the judge's ruling.

"If this law had stayed in place, it would have been impossible for sober homes to operate in Suffolk," said Robert Briglio, a plaintiff's lawyer in the case brought by 12 past and current sober home residents and two companies that challenged Suffolk's law, including one that is no longer in business. "This means Suffolk County is prohibited from regulating sober homes in the ways they've tried to do."

The court's ruling cited Suffolk's law for improperly setting up four major restrictions on sober homes in the county. This includes a limit of six persons regardless of house size; a site selection process in each neighborhood; a required on-site manager at the sober home every day for all 24 hours; and a licensing requirement that would include a fee and inspection process.

"Although the County invokes some legitimate public safety interests - such as preventing crime, overcrowding, and excessive littering - in an attempt to justify the legislation, the County has put forth woefully insufficient evidence" showing that the law was justified, Judge Bianco wrote.

For Suffolk officials, the federal judge's ruling sends them back to the drawing board.

"This is a lot of nonsense - I don't see why we can't regulate sober homes," said Legis. Kate Browning (WF-Shirley), who has overseen county hearings on this issue and whose district includes many such residents. "Some sober homes do a fine job, but others have absentee landlords and don't provide any rehabilitative services."