KY Appeals Court Rules in Favor of BRASS

The Kentucky Court of Appeals said the Bowling Green City Commission could not classify the residents of the recovery center as persons with disabilities, because people with addictions to alcohol or controlled substances cannot be considered disabled.

BOWLING GREEN, KY (WBKO ) -- The Kentucky Court of Appeals rules in favor of Barren River Area Safe Space in a rezoning controversy BRASS officials say could have endangered their women and children.

Back in April of 2012 Bowling Green's planning commission granted a rezoning that would have allowed a men's substance recovery center to be built within 1,600 feet of a BRASS domestic violence shelter.

BRASS took both the planning commission and the city commission to court to keep that from happening but Warren Circuit Judge John Grise ruled against BRASS, saying the shelter would house persons with disabilities, and as such, they would be allowed to live there under the "Fair Housing Act.

But the Kentucky Court of Appeals struck down Grise's ruling, saying the Bowling Green City Commission could not classify the residents of the recovery center as persons with disabilities because people with addictions to alcohol or controlled substances cannot be considered disabled.

The Court of Appeals ruled the city commission must reconsider the rezoning of the property where the men's recovery center would have been built.


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