Sober living home in Deacon Hills Estates brought to Fiscal Court

Feb. 28—A resident of the Deacon Hills Estates subdivision spoke with concerns during Fiscal Court in regards to the sober living home being run in the neighborhood on Pleasant Ridge Drive.

Steven Shear was the resident who spoke, he had also spoken on this previously back in November.

"You (in reference to Judge Taylor and the office of Judge Executive) say it's Frankfort, planning and zoning says it's you, that's what we're left with here," he said back in the November meeting.

Judge Executive Reagan Taylor addressed Shear's comments in that November Fiscal Court meeting by saying that he's read case law and has documents and has also read state law pertaining to instances where this has happened. This same instance has also happened within the city of Richmond along with Hardin and Kenton County.

The law that was being debated about not only is about the Americans with Disabilities Act of 1990 (ADA), but also deals with section 504 of the Rehabilitation Act of 1973, Title VI of the Civil Rights Act of 1964 but ultimately the Fair Housing Act of 1988.

Specifically, section 504 of the Rehabilitation Act of 1973 states the following:

"For the purposes of this section, the term "program or activity" means all of the operations of [that] which is principally engaged in the business of providing education, health care, housing, social services, or parks and recreation..."

For those unfamiliar, the house on Pleasant Ridge Drive is being run by Oxford House, Inc. (OHI). OHI is a publicly supported, non-profit 501©(3) corporation and serves as the umbrella organization providing the network connecting all Oxford Houses, according to their website. The nonprofit offers transitional housing and self-help for those in drug and alcohol recovery.

Each Oxford House offers a proven, effective, and low-cost method for preventing relapse, according to the company.

"I think this is an assault on the traditional family and neighborhood," Shear told the court.

He said he thinks the end game will be the normalization of this.

"I understand that your hands are tied, I understand that we've said 'we're following the law'," Shear said.

When Shear asked the court if anyone would support it, Magistrate Tom Botkin said that he would not support it being in his neighborhood.

Shear asked several other questions to the court to which the court did not respond to.

County Attorney Jennie Haymond chimed in.

"You have the same ability to go talk to your legislature. We told the people in Deacon Hills the same thing," she said.

She said that Madison County as a government entity is limited in what they can do.

Judge Executive Reagan Taylor asked if the Deacon Hills association has done anything, to which Mr. Shear said no. Taylor stated to Shear that you can change restrictions within the HOA so as to not allow this to occur.

With how zoning laws are in the county, the property of the Oxford House on Pleasant Ridge Drive (zoned as single family residential) has a single family residing in that home, though it is a nontraditional family.

According to Merriam Webster, the second definition of family is "a group of individuals living under one roof and usually under one head."

Shear said that sometimes the card you have is saying no. Taylor said the city will not say that, because they will take advice from their legal counsel and follow the law.

"You had the opportunity to do the right thing. You had the opportunity to do the moral, ethical and legal right," Shear told the court.

"Be self reliant. Look out there and see what you can do, talk to your legislator, get your group together. That's how you work with government," Madison County Clerk Kenny Barger said.

Magistrate Tom Botkin said while he hates the 200-bed facility going in near his place, but there was nothing he could do.

He also stated that this is his last term as a magistrate and if Mr. Shear didn't like the laws, he should put his name on the line in the election when it comes around again.

Magistrate Steve Lochmueller said that it might not be an ideal situation but that he would be "a loud voice wherever it might be that had the authority to change it."

Shear left the meeting dissatisfied with the fiscal court's response.

The next fiscal court meeting is March 12th in Berea.