Pubdate: Sat, 30 Apr 2005 Source: Roanoke Times (VA) Copyright: 2005 Roanoke Times Contact: http://www.roanoke.com/ Details: http://www.mapinc.org/media/368 Author: Laurence Hammack Bookmark: http://www.mapinc.org/heroin.htm (Heroin) Bookmark: http://www.mapinc.org/find?136 (Methadone) CLINIC OPPONENTS NOT MAKING CASE, LAWYER SAYS A Lawsuit Filed In January Stated That The Recovering Addicts Who Use The Methadone Clinic Will Bring Crime To Northwest Roanoke Residents opposed to a methadone clinic in Northwest Roanoke have failed to show that it has been a public nuisance during the first three months of operation, an attorney for the clinic told a city judge Thursday. John Walker, who represents the Roanoke Treatment Center, asked Circuit Judge Jonathan Apgar to dismiss a lawsuit that seeks to shut down the drug treatment center at 3208 Hershberger Road. Apgar said he will rule later. A group of about eight residents who attended the hearing expressed optimism that they would prevail. "The fight is not over," Evelyn Bethel said. A lawsuit filed in January stated that the recovering drug addicts who frequent the clinic will bring crime and other problems to an area that includes homes, churches and schools. Yet there have been no allegations of specific problems to support a public nuisance claim, Walker said. "In essence they have alleged a prospective public nuisance, one that might occur sometime in the future," he told Apgar. Since Jan. 1, police have responded to 15 calls to the clinic. Ten of the calls were false burglar alarms, according to police spokeswoman Aisha Johnson. The remaining calls involved either suspicious people who were neither patients nor staff members or reports of threats of some kind to security guards who watch the clinic around the clock. Based on the calls so far, Johnson said, it does not appear that the opening of the clinic has led to an increase in crime in the surrounding area. Bethel said that while there have been incidents of vandalism and car break-ins in the area over the past three months, it is difficult to say if they were related to the clinic. But it's too soon to say there is no problem, she said, noting that cold weather might have kept things quiet to date. Michael Bragg, an Abingdon attorney who represents the clinic opponents, urged Apgar not to dismiss the lawsuit. One argument supporting the public nuisance claim, he said, is a law recently passed by the General Assembly that bars methadone clinics from within a half-mile of any school or state-licensed day care center. The clinic says it is exempt from that law because it had already received a business license and certificate of occupancy from the city by the time the legislation was passed last year. Bragg interprets the law to affect the clinic. He also argues that the clinic failed to follow zoning requirements implemented by Roanoke City Council before it opened. Officials with CRC Health Group, the California-based company that owns the clinic, have said it could be treating as many as 100 patients by the end of the year. The clinic dispenses daily doses of methadone to people addicted to opium-based drugs such as heroin and prescription painkillers. - --- MAP posted-by: Beth