SALEM — A Saugus man filed a federal civil rights lawsuit against the city for not allowing him to open a "sober house" in The Point neighborhood.
Michael Viola has accused city officials of discriminating against the disabled by blocking a home for recovering alcoholics and drug addicts at 17-23 Salem St.
The suit was filed Monday in U.S. District Court in Boston. It names the city, Mayor Kim Driscoll and Building Commissioner Thomas St. Pierre as defendants.
This latest action comes as the city and Viola, who is represented by Attorney Bruce Macdonald of Cambridge, are battling in Salem District Court over a complaint the city filed in March against the sober house.
In that case, Assistant City Solicitor Jerry Parisella alleged that Viola got approval for a single-family home but, in fact, was operating an illegal rooming house which is required to have sprinklers and make other improvements. The city argued that the building, even if it houses recovering addicts, is not exempt from zoning regulations and state health and safety codes.
At the time, there were six residents living in the large building behind the former St. Joseph Church property.
Viola said he got a building permit last fall to renovate the former French club, which he is calling St. Jean's House. He built a kitchen, living room, seven bedrooms and 3 1âÑ2 baths, and was issued a certificate of occupancy by the city on Jan. 8, according to the court filing. In an earlier interview, Viola said he spent more than $300,000 on the renovations.
The city revoked the certificate on Jan. 28.
Viola originally said he planned to house 22 men, but has since reduced the number to 14.
The state case is due back in court today for a status hearing.
In June, Viola filed a housing discrimination complaint with the Boston Housing and Urban Development office. HUD officials have conducted an investigation into the complaint, the suit states.
The court complaint also states that the Boston HUD office "had reason to believe that there had been a violation of the Fair Housing Act and referred the housing discrimination complaint to the U.S. Department of Justice ..." earlier this month.
Further, Viola alleges that residents of St. Jean's House are being harassed by Salem police. On June 16, he said two officers entered the property illegally and with canceled arrest warrants for two men who were in jail.
Salem police Chief Robert St. Pierre said he "strongly disagreed" with that version of events. "The officers entered the premises with what they believed to be valid arrest warrants," he said.
In the federal complaint, Viola said that tenants would reside at St. Jean's House under several conditions. He said they would have to agree to undergo drug and alcohol testing and would be required to leave if they started drinking or using drugs.
The suit alleges the city has violated the Fair Housing Act, the Americans with Disabilities Act, the equal protection clause of the U.S. Constitution and other federal statutes. Viola has asked the court to overturn the city action and to award punitive damages and court costs.
No court date has been set.
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