Attorneys squared off in federal appellate court Tuesday over a private Baltimore County methadone clinic in a case that could test disability protections for drug addicts and local governments? power to keep certain businesses away from homes.
Baltimore County lawyers defended a law banning medical clinics in residential areas before a panel of judges in the U.S. 4th Circuit Court of Appeals, the tier below the Supreme Court. They said they believe the case likely will be remanded to federal district court in Baltimore, giving them a second shot after a district judge overturned the law.
“People don?t have to live cheek by jowl with every enterprise just because a disabled person ? or allegedly disabled person ? wants to locate there,” said Paul Mayhew, an assistant county attorney.
The law prevents licensed medical clinics from operating within 750 feet of homes, and was passed to keep A Helping Hand, a for-profit methadone clinic in Pikesville, from operating. Lawmakers voted on the bill without a public hearing on the same evening A Helping Hand, which distributes methadone to heroin addicts, received its state permit.
U.S. District Court Judge Catherine Blake ruled in August 2006 the county law violates the Americans With Disabilities Act and discriminates against the clinic?s operator. A jury found the rights of the clinic?s individual patients had not been violated but the clinic owner?s due process rights were.
Attorneys for the clinic said Blake correctly ruled stereotypes about drug addicts prompted the law. Backed by the American Civil Liberties Union, clinic attorneys pointed to heated rhetoric at a community meeting and negative letters in local newspapers about the clinic in its proposal stage as evidence the county regards drug addicts as disabled.
That, they said, is enough to trigger ADA protections.
“It is absolutely clear that the reason this bill was passed was to specifically target A Helping Hand and specifically because of concern about the types of people who would be treated at A Helping Hand,” said attorney Richard Simpson.
The county identified 275 feasible locations for a clinic outside residential areas.
The Pikesville clinic has remained open per an agreement with the county and a temporary court-ordered injunction. Tuesday, appellate judges asked if the clinic has posed a community problem ? county police say no ? and if the clinic could continue operating if the case were remanded to district court.
A court ruling is not expected for several months.
