WEST PALM BEACH – A behavioral health facility in Palm Beach County that provides housing and treatment for those with alcohol and substance use disorders recently filed a suit against Tequesta claiming village zoning laws are discriminatory.
GMH Tequesta Holdings LLC, also known as Futures of Palm Beach, filed the suit Aug. 28 in the U.S. District Court for the Southern District of Florida accusing Tequesta of violating the Americans with Disabilities Act (ADA), the Fair Housing Act (FHA) and the Equal Protection Clause in the 14th Amendment. In the suit, Futures said the village intentionally has regulations and policies that are designed to target those with disabilities who are also protected under the ADA.
Futures said the village has a limit on the types of insurance Futures can receive from patients, but doesn’t put that same type of limit on similar organizations like nursing homes and assisted living facilities.
Futures also accused the village of limiting how long patients can stay in the facility. It said the village won’t allow any non-resident to receive outpatient treatment unless they have already fulfilled short-term care requirements at Futures. Futures pointed out the village doesn’t put these types of limitations on other medical treatment centers.
Futures said because of the village’s alleged actions, it has and continues to suffer injuries and damages such as “lost or delayed profits, lost opportunity, frustration of mission, diminution of market share and a loss of civil rights,” according to the lawsuit.
Court filing said the village didn’t initially approve Futures having a facility in the area in 2010 as it didn’t permit residential substance use disorder facilities. Still, it allowed Futures to be an exception in 2011, but with several limitations, including limits on insurance and patient stays. Futures asked the village to allow it to expand beyond the restrictions, but the village refused.
Futures is asking the court to declare that the village’s restrictions against Futures violates the ADA, FHA and the 14th Amendment. It also requests that the court order the village to permit Futures to utilize the area without any limits.