Court Rules Against Methadone Clinic Restriction

PHILADELPHIA - A state statute that prohibited methadone clinics within 500 feet of residential neighborhoods, parks and other land uses was deemed to be in violation of a federal law.

The U.S. Court for Appeals for the Third Circuit in Philadelphia agreed with previous opinions from the Ninth Circuit and the Sixth Circuit in ruling that the law is contrary to the Americans with Disabilities Act and the Rehabilitation Act.

The 52-page opinion issued Friday noted that the matter was "the familiar conflict between the legal principle of non-discrimination and the political principle of not-in-my-backyard."

The case before the court began when New Directions Treatment Services sought to open a new methadone treatment facility in the City of Reading in 2001.

Methadone is used to treat opiod -- a powerful class of pain relievers including herion, oxycodone and others -- addiction, according to the National Institute on Drug Abuse. The NIDA reports that the drug aids in soothing the craving associated with such drug addiction.

The location selected by the Reading clinic was on a commercial highway with about 40 to 75 private residences, according to the court's opinion. The Pennsylvania law in place at the time stated that methadone clinics cannot locate within 500 feet of an existing school, public playground, public park, residential housing area, child care facility or church unless the municipality approves an occupancy permit by a majority vote.

The court’s ruling, states however, that under the ADA Act and Rehabilitation Act, a methadone treatment center, and thereby its patients, are being discriminated against illegally because it singles them out for discrimination.

The decision could have wide-reaching effects including some in Clearfield County.

DuBois City Council voted against allowing RHJ Medical Center to open a methadone treatment facility along Beaver Drive last month. The vote came after an April public hearing that allowed residents and RHJ representatives to speak on their stance as to whether council should override the law.

Discovery House, formerly located outside of Grampian, was forced to relocate earlier this year. The treatment clinic fell victim to fire in January 2006, and when the company attempted to regroup, the location law came into play because of a nearby residential area and a public park in the form of Rails to Trails. Discovery House has since located to a site in Lawrence Township that is not near a school, park, residential neighborhood, playground or church.

The ruling could be appealed to the Supreme Court, but the decision of the Third Circuit will hold until that time.