METHADONE STANCE HELD IN VIOLATION

Baltimore County Disobeyed ADA, Federal Judge Rules; 'a Major Precedent';
Private Clinics Treated More Strictly Than Other Facilities

Methadone, the addictive substance used to treat heroin dependency, could
become more widely available in Baltimore County after a judge's ruling
that the county violated federal anti-discrimination laws for years by
blocking for-profit treatment centers.

U.S. District Judge Catherine C. Blake has ruled that Baltimore County's
zoning laws violate the Americans with Disabilities Act because they treat
private methadone clinics more strictly than other treatment facilities,
such as weight-loss centers and laser eye-treatment offices.

While last week's decision should mean more treatment options for heroin
addicts in Baltimore County, it also could affect how local governments
regulate such clinics throughout the country.

"This is the first case in the country that found it was a violation of the
ADA to single out methadone treatment centers. That is a major precedent
that has not only local and statewide but national impact," said Paul N.
Samuels, director of the Legal Action Center, a New York-based advocacy
firm that brought the federal lawsuit on behalf of a clinic seeking to open
near White Marsh.

"What the judge is saying goes right to the heart of what the ADA is all
about, that people with disabilities and the agencies that provide them
services deserve a level playing field," Samuels said.

Unlike neighboring counties and Baltimore City, the county has no private
methadone clinics, keeping out potential operators over the years by
pressuring state officials to withhold permits, and by interpreting its
zoning laws restrictively. The county operates a single publicly funded
methadone clinic, on York Road in Timonium.

Baltimore County Executive C.A. Dutch Ruppersberger said yesterday that
while he has problems with how for-profit centers operate, he will not
challenge the decision.

"We litigated it, the federal court ruled against us and we will abide by
the decision," Ruppersberger said.

In the immediate aftermath of the ruling, none of the private treatment
providers has announced plans to set up operations, including Smith-Berch
Inc., which attempted to open the White Marsh Institute treatment center in
1997.

The court decision clarifies an emerging legal area: how drug addicts are
treated under the Americans with Disabilities Act.

Communities throughout the country are monitoring such cases. In the
Cincinnati suburb of Covington, Ky., local officials are embroiled in a
federal lawsuit after removing methadone clinics from the city's zoning
code. The Maryland Port Administration faces a similar case involving the
Sanctuary, a ship that is seeking a permanent berth to treat recovering
drug addicts.

In White Marsh, Smith-Berch co-owner Walter Smith, a former Dundalk
resident who supervised drug treatment in Prince George's County, saw an
opportunity to fill a need for methadone. He invested thousands of dollars
in the proposed center in the 11400 block of Pulaski Highway, near the
Harford County (http://www.co.ha.md.us) border.

The company rented space that was zoned for medical offices. But county
officials said that the center couldn't open without getting special
permission, a rigorous process that involved a public hearing.

Smith and his business partner responded by filing the suit in U.S.
District Court in Baltimore, seeking $6.1 million in damages.

The county has agreed to pay Smith-Berch $275,000, county officials
confirmed yesterday.

No other medical offices are subject to the same public hearing
requirement, Blake wrote in her decision. Also, the county's publicly
funded methadone center never went through a hearing.

Ruppersberger said he fought the lawsuit because he is uncomfortable with
the profit motive behind private clinics. Because they seek to make money,
such clinics might keep providing the drug to patients who have returned to
heroin, fueling a secondary market for the treatment drug, administration
officials said.

Methadone users frequently stay on the medication for 10 years or longer.

Smith, who also operates the Frederick Institute - a for-profit center in
Frederick - rejected Ruppersberger's criticism.

"All public and private centers operate the same way," Smith said. "You
have a code of professional ethics you subscribe to. You follow the basic
medical model of 'You do no harm.'"

Larry Lee, president of the neighborhood association closest to the
proposed White Marsh center, said his community would quickly resurrect its
fight if Smith returns with new plans.

"I don't think they are looking at it through the eyes of the individuals
who live in the communities who are being forced to tolerate this," said
Lee, a retired Bethlehem Steel worker. "Everybody realizes drugs are a
problem. They are an illness. But when you listen to some of the stories -
people on [methadone] for 10, 15 years - you wonder if it's working or if
it's just shifting the burden. It's legalizing the sale of drugs, as far as
I'm concerned."