Open Homes Fellowship, Inc. v. Orange County, Fla., 6:03CV943ORL31DAB.
| Decision Date | 09 March 2004 |
| Docket Number | No. 6:03CV943ORL31DAB.,6:03CV943ORL31DAB. |
| Citation | 325 F.Supp.2d 1349 |
| Parties | OPEN HOMES FELLOWSHIP, INC., Plaintiff, v. ORANGE COUNTY, FLORIDA, Defendant. |
| Court | U.S. District Court — Middle District of Florida |
Daniel Riess, U.S. Dept. of Justice, Washington, DC, for Intervenor.
Mathew D. Staver, Erik W. Stanley, Anita L. Staver, Liberty Counsel, Longwood, FL, for Plaintiff.
Rebecca S. Smith, Gary M. Glassman, Orange County Attorney's Office, Orlando, FL, for Defendant.
Temple Fett Kearns, Sidney C. Calloway, Shutts & Bowen LLP, Ft. Lauderdale, FL, Anthony R. Picarello, Roman P. Storzer, Derek L. Gaubatz, The Becket Fund for Religious Liberty, Washington, DC, for Amicus.
This cause comes before the Court for consideration on the following:
1) Defendant's Motion for Summary Judgment (Doc. 39), Defendant's Memorandum of Law in Support thereof (Doc. 41), and Plaintiff's Response to Defendant's Motion (Doc. 61); and
2) Plaintiff's Motion for Summary Judgment (Doc. 37), Plaintiff's Memorandum of Law in Support thereof (Doc. 38), and Defendant's Memorandum of Law in Opposition (Doc. 63) and Statement of Disputed Material Facts (Doc. 64).
In addition, the United States, as Intervenor, filed a Memorandum of Law in Support of the Constitutionality of the Religious Land Use and Institutionalized Persons Act of 2000 ("RLUIPA") (Doc. 53), and the Becket Fund for Religious Liberty filed an Amicus Curiae Brief in Opposition to Defendant's Motion for Summary Judgment on the Constitutionality of RLUIPA (Doc. 60).
The Court heard oral argument on January 23, 2004.
The following facts are essentially undisputed. In 1984, Pastor Mike Grenier founded Open Homes Fellowship Inc. ("Open Homes" or "Plaintiff"), a religious institution. A main component of Open Homes is the "Regeneration Program," which ministers recovery to persons who are substance-addicted through a 12-step Christian program. While in the Program, the men1 are not permitted to use drugs or alcohol or commit violence. For the first 90 days of the Program, the men may live at Open Homes for free, but are not permitted to leave designated grounds and are supervised 24 hours a day.2 First phase men are required to help clean the property.
During the second phase, the men must hold a full-time job but continue to live on Open Homes' grounds for a weekly fee. To leave the property, they must be with at least one other person. All men in all phases take regular classes and gather for worship and prayer meetings. The public, especially families and former clients, is invited to attend weekend worship services.3
Upon successful completion of the Program, the men may return to live with their families and resume their lives. Alternatively, a successful graduate of the Program may become a "servant leader," who lives in the dorms, helps the other men complete the Program, and assists with the 24-hour supervision. Open Homes is not government-licensed or state-certified to run a drug rehabilitation program.
Open Homes has been in existence since 1984, but only since 1993 has it existed in the Central Park Avenue neighborhood of Orlando, Florida. In 1993,4 Open Homes purchased the two-building property at 1831 Central Park Avenue. Four years later, Open Homes purchased the properties at 1828 and 1830 Central Park Avenue, which are across the street from the 1831 property. In 2001, Open Homes purchased a vacant parcel adjoining the 1831 property. This lot, located at 1825 Central Park Avenue, remains vacant and unimproved. At the end of Central Park Avenue, there is a soccer complex, for which the only means of ingress is Central Park Avenue.
All of the Open Homes properties are zoned R-3, or "Multiple Family Dwelling District." According to the Orange County Zoning Code ("Zoning Code"), the following uses "shall be permitted" in this district: all R-2 residential district uses (none of which are relevant herein), multiple-family dwellings, boarding and lodging houses, kindergartens and day nurseries, dormitories, fraternity and sororities houses, family foster homes, community residential homes with no more than 14 clients, and single family dwelling transient rentals. Orange County Code § 38-477.5
In April 2002, Orange County Code Enforcement received an anonymous complaint about Open Homes operating a drug and alcohol rehabilitation center without a special exception. Open Homes was thus cited for a code violation and was advised it would need to file a special exception application, which Open Homes filed on August 14, 2002. The application sought approval for a "faith-based drug and alcohol recovery program for 16-20 men living in the existing 3 houses on our property." (Doc. 39, Ex. 30). The Land Development Coordinator issued a Special Exception Report, characterizing the use as "a residential care facility for drug/alcohol rehabilitation." (Doc. 39, Ex. 31). The Report recommended denial of the special exception based on several findings, including: insufficient on-site parking; the location did not front a major highway, as is typical for an institution; the Program was "too intense" for the neighborhood due to noise, traffic, and privacy disruptions; and security and supervision concerns because the Program was not government-licensed. (Id.).
The Board of Zoning Adjustment ("BZA") held a hearing on October 3, 2002, at which various community members testified in opposition that: 1) in the past, sexual predators participated in the Program; 2) Open Homes was actually a business, evidenced by commercial vehicles parked overnight on the street; 3) the Program brought to the neighborhood excessive traffic and garbage; 4) men were allowed to walk in groups unsupervised in the neighborhood; 6) several incident reports had been filed with the police department, giving rise to safety concerns;6 and 7) the Program would have a negative effect on property value. (Doc. 39, Ex. 1). Various residents also testified generally about their fears of the Open Homes' men, claiming, for example, "I don't know who's watching." (Id. at 67). Similar comments included: (Id. at 68).7 The BZA agreed to continue the vote to allow informal resolution between the homeowners and Open Homes.
Because the informal mediation was unsuccessful, the BZA held a second hearing on January 2, 2003, at which the BZA heard testimony on whether Open Homes could be compatible with the neighborhood. Jose Rivas, Jr., spoke on behalf of the community opponents, claiming that they have to live with a "nightmare" (Doc. 39, Ex. 2, at 37), and again highlighting safety concerns, such as "What happened if somebody would have been walking down the street, and this guy was just outraged and snapped and would have hurt somebody?" (Id. at 42). Mr. Rivas' wife, Yanet, also spoke: (Id. at 44). Based on the Special Exception Report and testimony from the two hearings, the BZA voted to deny the application.
Open Homes appealed the decision to the Board of County Commissioners ("BCC"), which held an evidentiary hearing on March 11, 2003. The hearing opened with the presentation of a Staff Report by Zoning Manager Mitch Gordon, in which he recommended that the BCC uphold the BZA's decision. He iterated some of the "key factors that led to the finding that Open Homes is incompatible" with the Central Park Avenue neighborhood, including: 1) no government oversight to "see that it's complying with accepted practices and dealing with the types of clients that they would be bringing in there"; 2) safety concerns due to "the transient nature of the facility and because the residents are known to have `anti-social and criminal behavior activities' ";8 3) traffic and trash generated by regular garage sales and special events; 4) intensity due to Open Homes owning multiple dwelling units on the same block; and 5) a general "significant negative impact for the residential community." (Doc. 39, Ex. 3, at 7-8).
Ultimately, after more testimony,9 the BCC upheld the BZA's denial of the application, because the Program created "excessive traffic, noise and [because it] disrupts the neighborhood" and hence was "incompatible," "too intense," and "intrusive" for the neighborhood. (Doc. 39, Ex. 3, at 51).10
Plaintiff thus filed this suit, challenging Orange County Zoning Code § 38-77, and Orange County's denial of a special exception, on several grounds, including: 1) Equal Protection Clause; 2) Religious Land Use and Institutionalized Persons Act ("RLUIPA") of 2000, 42 U.S.C. § 2000cc, et seq.; 3) Fair Housing Act ("FHA"), 42 U.S.C. § 3601 et seq., Title II of the Americans with Disabilities Act ("ADA"), 42 U.S.C. §§ 12131-65 and the Rehabilitation Act, 29 U.S.C. § 794; 4) First Amendment; 5) Florida's Religious Freedom Restoration Act ("RFRA"), Florida Statutes § 761.01.05; and 6) equitable estoppel.
The parties filed cross-motions for summary judgment, which the Court addresses below.
A party is entitled to judgment as a matter of law when the party can show that there is no genuine issue as to any material fact. Fed.R.Civ.P. 56(c). The substantive law applicable to the case determines which facts are material. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986). Summary judgment is mandated "against a party who fails to make a showing sufficient to establish the existence of an element essential to that party's case, and on which that party will bear the burden of proof." Celotex Corp. v. Catrett, 477 U.S. 317, 322, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986). The moving party bears the burden of proving that no genuine issue of material fact...
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