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A lawsuit alleges zoning codes in Ironton discriminate against residents of group recovery homes
By: David Forster
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ATHENS, Ohio (WOUB) — A lawsuit against the city of Ironton alleges that sections of its zoning code illegally discriminate against people in recovery from alcohol or drug use.
Earlier this year, the city filed criminal charges against the owner, alleging the group home violates city zoning code.
That case was set for a trial last Friday, but that has now been put on hold until the lawsuit against the city is resolved.
The lawsuit was filed by Oxford House Inc. and Moaz Ohio LLC. Oxford House is a nonprofit that serves as an umbrella organization for more than 2,000 branded group homes in 46 states. Moaz owns the Oxford House home in Ironton.
The plaintiffs are challenging several sections of the city code that they argue violate antidiscrimination provisions of the federal Fair Housing Act and the Americans with Disabilities Act.
People with substance use disorder are protected under these laws, which means that reasonable accommodations must be made when it comes to providing services for them, such as group recovery housing, according to the lawsuit.
In December 2021, the city of Ironton imposed a moratorium on new group homes. This was supposed to last for one year, but the lawsuit alleges the moratorium is still in effect. Such a blanket ban on housing for people in recovery is discriminatory and illegal, the lawsuit alleges.
In March, the city’s public service director issued a notice of violation to Moaz saying its group home violates a code section that prohibits more than three unrelated people from living in a single dwelling.
Oxford House responded with a letter saying the residents of the home were protected under federal law and requested reasonable accommodation.
The city’s attorney replied by again citing the code section and saying the home was in violation. A month later, the attorney brought criminal charges against Moaz.
Oxford House and Moaz are asking the court to tell the city it can no longer enforce its codes with respect to the group home because these codes are preempted by the federal antidiscrimination laws.
WOUB reached out to Ironton city officials for comment on the lawsuit but did not receive a response before this story was published.