Pubdate: Wed, 09 Aug 2000
Source: Cincinnati Enquirer (OH)
Copyright: 2000 The Cincinnati Enquirer
Contact:  http://enquirer.com/editor/letters.html
Website: http://enquirer.com/today/
Author: Susan Vela

JUDGE RULES ZONE CHANGE TO BAR DRUG CLINICS ILLEGAL

COVINGTON — The city of Covington violated the Americans with Disabilities
Act when it changed its zoning plan to keep methadone clinics outside city
limits, a federal judge ruled Tuesday.

U.S. District Court Judge William O. Bertelsman sided with Pittsburgh-based
MX Group, which has wanted to open a methadone clinic here since 1997.

Judge Bertelsman's order voided the zoning changes approved in 1998 and
demanded that the city treat proposals for methadone clinics as they would
plans for any medical clinics.

That means the controversial facilities, which wean addicts off of such
drugs as morphine, codeine and heroin, could go any place a physician's,
optician's or pediatrician's office could and must be judged by the same
standards.

The decision also marks a victory for those who say the ADA includes drug
addicts. It helps establish precedence in a relatively new area of law that
touches on both the ADA and zoning laws.

"Congress intended the ADA to include drug-addicted individuals
participating in drug treatment plans," Judge Bertelsman said in his order,
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