Wednesday, Aug. 25, 2010

Garner says no to break in rules

Oxford House is suing town in federal court.

In a split decision, the Town Council voted last week to not waive town rules for a home for recovering drug addicts and alcoholics.

After weeks of talks, and amid a federal lawsuit, the council voted 4-1 to not give the Oxford House a break on rules for its home on Broughton Street.

Garner leaders say the Oxford House violates town rules because it is within a half-mile of another care home, and it allows up to eight residents to live there. In Garner, no more than six people can live in a care home, and such homes have to be more than a half-mile from one another.

Garner's planning commission recommended that the town waive the half-mile rule for Oxford House and allow up to seven residents. But council members said no. Ken Marshburn was the only member to vote against holding Oxford House to town rules.

"I think it's a slap in the face that [Oxford House] can come in and do whatever they desire," said Councilman Jackie Johns.

Councilman Buck Kennedy added, "It just seems inconceivable to me to reward someone for breaking the law."

Oxford House and the town have argued about the rules for years. In May 2009, the U.S. Justice Department filed a discrimination complaint against Garner, accusing the town of violating the federal Fair Housing Act. Under federal law, recovering drug addicts and alcoholics are considered disabled.

The complaint claims that Garner discriminated against Oxford House residents by changing its housing ordinances to prevent up to eight people from staying there.

The recommendation from the planning commission was to waive town rules but only for Oxford House. Council members said that was a Pandora's Box.

"I believe if we set an exception ... it opens the door for other people to come in and ask for an exception," said Councilman Gra Singleton.

Kennedy said Oxford House allowing more than six people to live in its home was "akin to squatters' rights."

"Well, I don't think we should allow it that way," he said. "We do have some rules to go by."

Oxford House is a Maryland-based company with more than 1,200 homes around the country for recovering addicts as they transition to sobriety. Residents pay the bills and cannot use drugs or alcohol while there.