NEIGHBOURS SUE TO SHUT DOWN NEEDLE EXCHANGE

Downtown Problems Could Get Worse If Exchange Has To Use Funds For
Legal Fees, Says Mayor

Victoria Mayor Alan Lowe warns downtown's problems could become a lot
worse if the cash-strapped needle-exchange must use its limited money
and time fighting legal action by area businesses and residents.

A suit aimed at shutting down the downtown needle exchange was filed
in B.C. Supreme Court Thursday afternoon.

"It doesn't help the needle exchange when they have to use their money
and time to defend the injunction," Lowe said. "That will just mean
less dollars to operate the needle exchange, which could mean even
more problems in that area."

Fifteen plaintiffs who live and work near the Cormorant Street service
- - where up to 2,000 addicts trade dirty needles for clean ones - claim
the program is a nuisance.

Victoria lawyer Stewart Johnston, whose Amelia Street law firm is off
Cormorant, supports an expanded and properly run service, but said
he's fed up waiting for change.

AIDS Vancouver Island is funded by the Vancouver Island Health
Authority.

"If they are going to do it, they should do it right," Johnston said.
"Right now, it's a half-hearted measure that draws addicts to our
neighbourhood."

With no enclosed outdoor area for them to go, homeless addicts loiter
outside, urinate, defecate and leave behind a trail of dirty syringes,
blood and human waste around Cormorant Street, he said.

Danielle Topliss, a lawyer in his firm, said in a community forum
hosted by A-Channel television station Friday that the only people
benefiting from the underfunded and underserviced program are drug
dealers.

AIDS Vancouver Island operates its seven-day, two-person needle
exchange on a $250,000 budget. The agency said its funding has been
frozen since the early 1990s, despite a huge spike in demand. Since
1996, the number of syringes distributed has jumped to one million
from 128,000, and clients have increased to 2,000 from 545, according
to the agency.

It wants $585,000 - more than double its current operating budget - to
run an expanded needle exchange in a new location, possibly Rock Bay.
The expanded site would include a supervised 50-person drop-in centre,
courtyard, toilets, showers, kitchen, counsellors' offices and storage
space.

Despite the legal action, Katrina Jensen, AIDS Vancouver Island's
director of programs, said the service has broad support. "I cannot
see us being shut down," she said.

The four defendants listed in the statement of claim - the Ministry of
Health, VIHA, AIDS Vancouver Island and landlords Yentel Property
Management Inc. - were served papers yesterday, Johnston said.

The statement of claim alleges landlord Yentel Properties has enough
control over the property to prevent the nuisance caused by the needle
exchange.

Those served papers yesterday will file a statement of defence. A
one-day hearing with a judge is expected in late August or early
September, Johnston said.

The preliminary application is for a temporary injunction until the
service can be permanently closed. The latter case could take a year
or two to be heard, Johnston said.

The city's mayor and VIHA chief medical health officer Richard
Stanwick agree the needle exchange needs more funding. AIDS Vancouver
Island and VIHA are currently in budget negotiations expected to
conclude in weeks.

"We've always supported the needle exchange and we've always been
telling the health authority that we need to fund these existing
programs properly," Lowe said. "We'll continue to try to get funding
for the social services necessary in our city."

Stanwick said yesterday the needle exchange helps prevent the spread
of blood-borne infections that cost lives and money. One HIV/AIDS
patient costs the health-care system about $250,000 over his or her
lifetime.