Costa Mesa Challenges Appeals Court

Costa Mesa files amicus brief with U.S. Supreme Court on group homes ordinance

Costa Mesa and four other Southern California cities have submitted an amicus brief asking the U.S. Supreme Court to review an appeals court decision that declared Newport Beach’s group-homes ordinance unconstitutional.

The 9th Circuit Court of Appeals ruled earlier this year that while the Newport Beach had enacted a facially neutral zoning ordinance to regulate group homes, the law was unconstitutional because of purported discriminatory statements made by individual council members and the public during its adoption.

The amicus brief states in its summary:

“The Ninth Circuit’s decision overturns decades of deference to local land use decisions that are facially-neutral and are supported by findings that evidence a rational basis for the regulation, and abrogates a city’s ability to regulate land uses where an individual legislator makes potentially improper statements that have not been recited or adopted by the legislative body as a whole. The Ninth Circuit applies a level of scrutiny reserved for racial discrimination, fundamental rights and suspect classifications to land use decisions involving sober living facilities. This heightened standard of review thwarts a city’s ability to adopt and enforce ordinances aimed at protecting public health, safety and welfare, the so-called “social or economic legislation,” and is in conflict with the rational basis standard applied in other circuits.”

In a May 6 e-mail to Costa Mesa City CEO Tom Hatch, Newport Beach City Manager Dave Kiff said legal experts estimated that likelihood that the Supreme Court would take up the case was 20 to 25%, and that amicus—or “friends of the court”—briefs from other institutions and individuals would help maximize those chances.

Bradbury, Claremont, Laguna Beach and San Clemente joined with Costa Mesa to file the brief.

“Briefs carry a lot of weight with the Court, and are especially valuable in demonstrating that an issue presented for review transcends the parties to the case,” Kiff wrote.

The City of Costa Mesa paid $10,000 to be one of the amici cities. You can read the amicus brief here.