County’s new group home law critcized

Kris Hill

Thursday, Jan. 18, 2001 | 10:54 a.m.

Supporters of halfway houses for recovering alcoholics and addicts Wednesday laid the groundwork for a lawsuit against a county ordinance they say is discriminatory.

"I would like to ask the commission to seriously consider denying this ordinance because it discriminates against alcoholics and addicts," Lynn Tynan, director of a group home for women, said.

County Commission Chairman Dario Herrera answered that he understood the group had to put the discrimination issue on the public record to preserve their right to a lawsuit.

The ordinance, approved 5-0, strengthens the county's authority over group homes -- a broad category that includes halfway houses for recovering alcoholics and addicts as well as homes for Alzheimer's patients and the developmentally disabled.

It requires a 660-foot separation between houses that serve similarly disabled residents and requires the homes to be licensed by the state, a condition that cannot be waived.

County planners in the past have said that the federal Fair Housing Act prevents the county from limiting the halfway houses because such controls could be considered discrimination.

Herrera introduced the ordinance just three weeks after meeting with concerned residents of the Hazelcrest neighborhood, where three halfway houses are operating. All three are more than 660 feet apart from one another and would not have been affected by the ordinance.

The owners of those homes -- Lorri Ahlm, her brother Phillip Ahlm and their mother, Judy Nelson -- plan to open two more that would fall within the 660-foot limit from one of the open houses. All five houses are within a half-mile radius.

Several residents expressed concern over the clustering of the homes and supported the ordinance, which could prevent the two proposed halfway houses from opening.

"The clustering is what I see as a problem," neighbor Holly Hendricks said.

Under the ordinance, which goes into effect Jan. 31, the homes would need a special use permit from county planners.

The ordinance outlines some situations that would prevent special use permits from being issued, including proximity to other halfway houses, health and safety issues and inadequate parking.

Though tensions were high during the 1 1/2-hour public hearing, Herrera said he was pleased with the ordinance and the commission's efforts to balance the concerns of the neighbors and the halfway houses.

"I think we've made some significant improvement, but there's more to be done," he said.

It was unclear whether the owners planned to file a lawsuit, but Herrera said the ordinance was written to protect the halfway houses rather than discriminate against them.