Temporary halt on group and sober homes OK’d

Wanting to protect the integrity of neighborhoods, Boynton Beach has given final approval to a temporary ban on new group homes.

City commissioners, with a final vote Tuesday, put a freeze on any such facilities until June. The ban also affects new sober homes, or halfway houses, which shelter people recovering from alcohol or drug addiction.

The proliferation of sober houses has been a source of frustration for various communities, including in Boynton, amid neighbors’ complaints of unsupervised residents congregating in and around residences.

Boynton’s moratorium allows the city to conduct studies and establish legislation that will address resident concerns about protecting the integrity of neighborhoods, officials say.

Other cities have taken steps to monitor the sober living industry in recent months. Delray Beach recently gave preliminary approval to an ordinance requiring sober homes to provide more details about their operations and annually apply for an accommodation from the city. Delray also hired an expert to research and propose revisions to city rules for sober homes.

At Tuesday’s Boynton City Commission meeting, Mayor Steven Grant replied to a resident’s concern about the legality of the moratorium and whether it discriminates against recovering alcohol and drug addicts.

Grant, an attorney, said he is confident the ban would withstand a challenge if someone were to sue the city. Grant said he has represented someone for an Americans with Disabilities Act case in federal court.

“This does not discriminate because it’s a business that we’re going against, not anyone who is an addict,” he said. “It’s the business owner that is trying to come into Boynton Beach and affect the residential nature of Boynton Beach, of our residential zoning districts.”

The moratorium does not limit existing sober homes, he said. Existing homes can continue to operate under the moratorium, but applications for new group homes will not be accepted until June 4, when the moratorium ends.

Grant also pointed out that the ban applies to all group homes, including group housing for the elderly and for foster children, not just sober homes.

“We cannot solve [the problem] currently, and that is why we have the moratorium, so that we can have better research and so that our staff can create legislation that protects our residents and that protects the people that it’s supposed to protect,” he said.