sailboat bend sober living

SAILBOAT BEND SOBER LIVING LLC FORT LAUDERDALE, FLORIDA

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Sailboat Bend Sober Living, LLC v. City of Fort Lauderdale

Sailboat Bend Sober Living, LLC v. City of Fort Lauderdale (U.S. Court of Appeals, 11th Cir., Aug. 26, 2022): The Eleventh Circuit affirmed the lower court’s decision in favor of the City of Fort Lauderdale against owners of a for-profit sober-living home, which houses people recovering from addiction. Plaintiffs sued the city under the Fair Housing Act and Title II of the Americans with Disabilities Act, alleging that the city’s code enforcement decisions were motivated by hostility toward the disabled and that the zoning ordinance was facially discriminatory against people with disabilities. The court held that an ordinance allowing unrelated disabled individuals to live in groups of more than three in residential zones with certain conditions was not discriminatory, but actually favored people with disabilities by carving out an exception to the city’s zoning ordinance that otherwise prohibits more than three unrelated individuals from living together in residential areas. The court also held that the city’s denial of plaintiff’s request for an exemption from a fire sprinkler requirement did not violate reasonable accommodation requirements under the FHA or ADA and that the city’s enforcement of its fire prevention code was not discriminatory. Read the full decision here .

View all cases in the Judicial Trends in Public Health – October 21, 2022.

View all cases under “Monitoring Property & the Built Environment.”

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We have the following opinions for this case:

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Sailboat Bend Sober Living, LLC et al v. The City of Fort Lauderdale, Florida

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SAILBOAT BEND SOBER LIVING, LLC v. CITY OF FORT LAUDERDALE

SAILBOAT BEND SOBER LIVING, LLC, CARL BERGSTROM, and IRYNA BERGSTROM, Plaintiffs, v. THE CITY OF FORT LAUDERDALE, FLORIDA, Defendant.

United States District Court, S.D. Florida. https://leagle.com/images/logo.png

April 3, 2019.

Editors Note Applicable Law: 42 U.S.C. § 3601 Cause: 42 U.S.C. § 3601 Fair Housing Act Nature of Suit: 443 Civil Rights: Accommodations Source: PACER

Attorney(s) appearing for the Case

Sailboat Bend Sober Living, LLC, a Florida limited liability company, Carl Bergstrom, an individual & Iryna Bergstrom, an individual, Plaintiffs, represented by Allison Corban Doucette , Smolker Bartlett Loeb Hinds & Sheppard, P.A., Jon P. Tasso , Smolker, Bartlett, Loeb, Hinds & Sheppard, P.A., Steven G. Polin , Law Office of Steven G. Polin, pro hac vice & Ethan Jerome Loeb , Smolker, Bartlett, Loeb, Hinds & Sheppard, P.A.

The City of Fort Lauderdale, Florida, a political subdivision of the State of Florida, Defendant, represented by Michael Thomas Burke , Johnson Anselmo Murdoch Burke Piper & Hochman PA & Hudson Carter Gill , Johnson, Anselmo, Murdoch, Burke, Piper & Hochman, PA.

ORDER ON MOTION TO DISMISS

BETH BLOOM , District Judge .

THIS CAUSE is before the Court upon Defendant's Motion to Dismiss Plaintiffs' Complaint, ECF No. [11] (the "Motion"). Plaintiffs Sailboat Bend Sober Living, LLC, Carl Bergstrom and Iryna Bergstrom (collectively, "Plaintiffs") filed a response, ECF...

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Sailboat Bend Sober Living, LLC et al v. The City of Fort Lauderdale, Florida

Case summary, case details.

0:19-CV-60007

Pending - Other Pending

Civil Right - Housing/Accommodation Discrimination

U.S. District Courts

Florida Southern District Court

Judge Details

Presiding judge, party details.

Carl Bergstrom

Iryna Bergstrom

Sailboat Bend Sober Living, LLC

The City of Fort Lauderdale, Florida

Attorney/Law Firm Details

Plaintiff attorneys.

Jon P Tasso

Ethan Jerome Loeb

Court Documents

Civil Cover Sheet

Docket Entries

Docket (#2) Clerks Notice of Judge Assignment to Judge Beth Bloom. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Alicia O. Valle is available to handle any or all proceedings in this case. If agreed, parties should complete and file the Consent form found on our website. It is not necessary to file a document indicating lack of consent. Pro se (NON-PRISONER) litigants may receive Notices of Electronic Filings (NEFS) via email after filing a Consent by Pro Se Litigant (NON-PRISONER) to Receive Notices of Electronic Filing. The consent form is available under the forms section of our website. (jao) (Entered: 01/02/2019)

Docket (#1) COMPLAINT against The City of Fort Lauderdale, Florida. Filing fees $ 400.00 receipt number 113C-11278355, filed by Sailboat Bend Sober Living, LLC, Iryna Bergstrom, Carl Bergstrom. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Civil Cover Sheet)(Loeb, Ethan) (Entered: 01/02/2019)

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Eleventh Circuit Affirms Summary Judgment in Suit Against Sober Living Facility

An opinion was issued by the Eleventh Circuit on Friday in a case filed by Sailboat Bend Sober Living LLC against the City of Fort Lauderdale, Florida. The initial complaint alleged that the City of Fort Lauderdale enacted codes and regulations that discriminated against individuals with disabilities, like those served by the plaintiff’s facility.

Sailboat Bend Sober Living, a “for-profit sober living home in Fort Lauderdale, Florida, houses up to eleven people recovering from addiction who support each other in their sobriety.”

The opinion explains that Sailboat has had issue abiding by the defendant’s Building and Fire Codes and their Zoning Ordinance in the past. Past violations have included blocked emergency escape routes, the performance of unpermitted and un-inspected work, lack of compliant smoke alarms, no fire alarm system, and more. When the violations were discovered, the plaintiffs were given a deadline by which they had to remedy the violations.

Five days before the deadline, the plaintiffs filed reasonable accommodation requests which were denied, the opinion says. The plaintiffs alleged in their initial complaint that the defendant’s “code enforcement decisions were motived by hostility to the disabled, their accommodation request was wrongfully denied, and the Zoning Ordinance was facially discriminatory against people with disabilities.” Their complaint cited claims under the Fair Housing Act and Amendments and the Americans with Disabilities Act.

The defendants moved for summary judgment of the suit, which was granted by the district court and upheld by the Eleventh Circuit. The opinions explained that the defendant’s regulations were not discriminatory, but that to accommodate the regulations Sailboat “chose to reduce its occupancy to three people rather than make the required (albeit allegedly expensive) safety upgrades to the Property.”

The court upheld the district court’s decision that rather than working in a discriminatory manner against the plaintiffs, the City of Fort Lauderdale’s Zoning Ordinance actually works to their benefit since it exempts individuals with disabilities from some regulations. Judges Jordan, Jill Pryor, and Marcus further conclude that there is no evidence to demonstrate that the defendant determines their Codes in a way that discriminates against those with disabilities and that the plaintiffs’ requested accommodation on account of disability was not necessary.

The Eleventh Circuit affirmed the Southern District of Florida’s decision granting the defendant’s motion for summary judgment on Friday.

The plaintiffs were represented in the litigation by Smolker Bartlett Loeb Hinds & Thompson and the Law Office of Steven G. Polin , while the defendants were represented by Johnson, Anselmo, Murdoch, Burke, Piper & Hochman .

• Johnson Anselmo Murdoch Burke Piper & Hochman
• Law Office of Steven G. Polin
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• Smolker Bartlett Loeb Hinds & Thompson

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Sailboat Bend Sober Living, LLC et al v. The City of Fort Lauderdale, Florida, No. 0:2019cv60007 - Document 28 (S.D. Fla. 2019)

Court Description: ORDER denying 11 Motion to Dismiss Plaintiffs' Complaint. Plaintiffs shall file an amended complaint addressing the deficiencies noted in this order, or or before April 12, 2019. (Amended Complaint due by 4/12/2019). Signed by Judge Beth Bloom on 4/3/2019. See attached document for full details. (mc)

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Cost of Living Estimator in Krasnodar, Russia

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Eating lunch or dinner in restaurants: 0.0% 2.0% 5.0% 10.0% 20.0% 30.0% 40.0% 50.0% 60.0% 70.0% 80.0% 90.0% 100.0% of the time

When eating in restaurants, you are choosing inexpensive restaurants: 0.0% 10.0% 20.0% 30.0% 40.0% 50.0% 60.0% 70.0% 80.0% 90.0% 100.0% of the time

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Smoking (household overall): packs of cigarettes per day

Alcoholic beverages (consume): A lot Moderate Low No

At home, we are eating: Western Asian food

Driving car: A lot Moderate Low No

Taking Taxi: Daily one round trip Two round trips per Week One round trip per Week One round trip per Month No

Paying for public transport tickets: Monthly, All Members Monthly, 2 Family Members Monthly, 1 Family Members On-Demand, around 5 round trips weekly per family member On-Demand, around 4 round trips weekly per family member On-Demand, around 3 round trips weekly per family member On-Demand, around 2 round trips weekly per family member On-Demand, around 1 round trip weekly per family member None

Sport Memberships: All Household Members 1 Household Member 2 Household Members No

Vacation and Travel: Three per year (one week each), relatively expensive Two per year (one week each), relatively expensive Once per year (one week each), relatively expensive Twice per year (one week each), relatively inexpensive Once per year (one week each), relatively inexpensive None

Buying Clothing and Shoes : A Lot Moderate Low

Rent: none Apartment (1 bedroom) in City Centre Apartment (1 bedroom) Outside of Centre Apartment (3 bedrooms) in City Centre Apartment (3 bedrooms) Outside of Centre Sharing a Room in 3 Bedroom apartment City Centre Sharing a Room in 3 Bedroom apartment Outside of Centre Mortgage for 1 bedroom apartment (approximate) Mortgage for 3 bedroom apartment (approximate)

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