Baltimore County Clinic Restrictions Allowed To Stand

A federal court issued a ruling recently allowing restrictions on methadone clinics in Baltimore County to remain in place. The ACLU and a treatment provider had filed suit to have the county-imposed restrictions thrown out because, they claimed, such restrictions are violations of the Americans with Disabilities Act, however the court failed to rule on that issue.

The Baltimore Sun reported on Feb. 24, 2008 ("Drug Clinic Limits Stand") that "With a less-than-definitive opinion from a federal appeals court, Baltimore County officials say they have no intention of scrapping their restrictions on the location of methadone clinics. As a result, at least one proposed methadone clinic in Baltimore County could find it harder to open. A panel of federal judges, sitting one level below the U.S. Supreme Court, issued an opinion this month, finding that a Pikesville methadone clinic should be allowed to stay open. But the appellate court didn't directly answer whether the county law violates the Americans with Disabilities Act - which was the chief complaint made by a Pikesville methadone clinic and the American Civil Liberties Union of Maryland."

According to the Sun, "The opinion handed down by the 4th U.S. Circuit Court of Appeals vacates an injunction issued by a federal District Court judge that had prohibited the county from enforcing its law on the location of clinics. But the appellate court decision also allows the clinic, A Helping Hand, to request a new trial on the ADA questions. The clinic owner and the ACLU of Maryland said they have not decided whether to seek a new trial. 'Part of our decision hinges on what the new injunction says,' said Deborah A. Jeon, legal director for the ACLU of Maryland. 'We have to weigh the costs and the benefits of a new trial.' County officials say they don't plan to revise the regulations on methadone clinics."

The Sun noted that "The Baltimore County Council passed a zoning law in 2002 requiring additional approval for methadone clinics and other state-licensed medical facilities that want to open less than 750 feet from homes in areas zoned for business and office uses. The law allows the clinics to operate in areas designated for manufacturing without special approvals."

It should be noted that according to the Drug Enforcement Administration, "Baltimore is home to higher numbers of heroin addicts and heroin-related crime than almost any other city in the nation and these problems tend to spill over into adjoining counties where many heroin distributors maintain residences. The enormous demand for heroin in the Baltimore metropolitan area led to an increase in the drug's abuse among teens and young adults, who routinely drive into the city to obtain heroin for themselves and other local abusers."