Advertisement

Council's denial of drug and alcohol treatment home costs Tampa taxpayers $250,000

 
The Tampa City Council agreed to pay $250,000 to settle a federal lawsuit brought by a company that wanted to open a home to treat people with alcohol and drug addictions in Oakford Park but was denied at a council hearing in 2013.
The Tampa City Council agreed to pay $250,000 to settle a federal lawsuit brought by a company that wanted to open a home to treat people with alcohol and drug addictions in Oakford Park but was denied at a council hearing in 2013.
Published Feb. 3, 2017

TAMPA — The City Council on Thursday agreed to pay $250,000 to settle a federal lawsuit accusing it of discriminating against people with drug- and alcohol-related disabilities by denying a permit to a group treatment home in Oakford Park.

Bernard Rock and his company, Lincoln Rock LLC, proposed putting a 21-bed residential treatment facility for people suffering from drug and alcohol addiction in an 8,900-square-foot home at 3303 W Lemon St.

On June 13, 2013, the night of the public hearing, Oakford Park residents and officers of the neighboring Sons of Italy lodge turned out in force, wearing red shirts and arguing against the proposal.

At the end of a three-hour hearing, council members voted 6-1 to deny the permit. Voting against the group home were current council members Mike Suarez, Harry Cohen, Charlie Miranda, Frank Reddick and Yvonne Yolie Capin, plus then-council member Mary Mulhern. Voting against denial was then-council member Lisa Montelione.

Rock sued the city in federal court in 2015, claiming council members based their decision not on legitimate concerns about the compatibility of the project or traffic, but on fears about the people who would be living there.

Rock's lawsuit said the company spent more than $1 million preparing the property, only to see the council deny a permit because of the disabilities — that is, the addictions — of its residents.

City attorneys argued that the suit should have been dismissed and continued to deny any wrongdoing by the city, but concluded settling the case was in the city's best interest. Rock had demanded $15 million from the city, Sal Territo, the chief assistant city attorney, told the council.

Miranda was the only council member to vote against the settlement. He compared what Rock's company did with litigants who look for violations of the American with Disabilities Act, then sue building owners to win settlements over the violations.

"Although they were asking for millions … there comes a time in life when you just have to say, 'You know what? I'm just going to say no and tell them to go to hell,' " he said. "This is not about being right. This is about making money."

Council members criticize park fence

Several council members complained about a recent city decision to spend $32,784 on a fence and "No trespassing" signs at Phil Bourquardez Park at N Tampa Street and W Seventh Avenue.

The problem, Mayor Bob Buckhorn's administration said, was that homeless adults had all but taken over the park.

"It had really turned into what I can only describe as a semi-permanent encampment, and we really can't have that," city chief of staff Dennis Rogero said.

With the fence in place, he said, city officials can consider a long-term use for the park, perhaps as a transit hub if the TECO Line Streetcar is extended.

But council members saw the fence as unproductive and uncaring.

Keep up with Tampa Bay’s top headlines

Subscribe to our free DayStarter newsletter

We’ll deliver the latest news and information you need to know every morning.

You’re all signed up!

Want more of our free, weekly newsletters in your inbox? Let’s get started.

Explore all your options

"Basically, what we're saying is we're not giving a damn about the homeless population," Frank Reddick said.

"A decision on what process as to what we were going to do with that property should have been vetted publicly," Mike Suarez said. "That's a good way for the public to understand how difficult it is to solve some of these problems as a government."

Guido Maniscalco suggested borrowing an idea from Albuquerque, N.M., where the city hires homeless people to pick up litter or pull weeds for $9 per hour, plus a lunch, plus an offer of overnight shelter.

In less than a year, according to the Washington Post, the project gave out more than 900 temporary jobs, removed 69,601 pounds of debris from 196 blocks and led to 100 people finding permanent jobs.

The council voted to discuss that idea further on Feb. 23.