DRUG CLINIC PARKING LAW THROWN OUT BY BOARD

A parking bylaw that blocked expansion of a clinic for heroin addicts in the
Dufferin St.-St. Clair Ave. W. area was "unreasonable and discriminatory,"
the Ontario Municipal Board has ruled.

The bylaw and an amendment, passed by the former City of Toronto in 1997,
"were an abuse of process, (and) were not passed in good faith" the board
ruled in striking down the bylaw.

But Councillor Betty Disero (Davenport), who represents he area, maintains
parking controls are needed because there are so many clinics in the area.

The issue arose when a clinic began treating heroin addicts with methadone
in April, 1997 and in June, applied for a building permit to expand.

At the time, clinics were permitted under city zoning and were not required
to provide parking.

In June, the city passed an interim control bylaw that required clinics to
provide on-site parking -- a requirement the clinics could not meet. The
city refused to issue building permits.

The clinic, and another nearby, appealed. The board sided with the clinics,
saying the bylaw had been rushed through to head off methadone clinics.

The board's ruling said methadone clinics are not likely to cause parking
problems because their patients can't afford cars or are unable to drive.

"Methadone clinics serve a local population," the ruling states.

Barnet Kussner, lawyer for one of the clinics, said his client completed
renovations to the clinic while the case was being appealed, and will now
apply to the city for a building permit.

The judgment relied on the transcript of comments made by Disero in a
telephone conversation with a friend of one of the doctors.

Disero said in part:

"You can look at the issue of supposedly parking and how that affects
medical centres, and that was the rationale for the interim control bylaw
because . . . we need to have a planning case."

Disero's use of the word "supposedly" was "a very telling comment," Kussner
said.

In an interview, Disero said she still believes parking controls are needed
in the area.

Checked-by: Don Beck