METHADONE CLINIC LOSES IN COURT

Antioch Can Bar Facility's Move Into Neighborhood

A U.S. District Court judge yesterday upheld Antioch's decision to bar a
methadone clinic from moving into an office complex near residences and a
bus line used by students.

In her 25-page decision denying the clinic's request for an injunction,
Judge Susan Illston wrote the city provided ample alternative locations for
the heroin treatment clinic when it denied a permit to move into offices at
3505 and 3507 Sunset Lane.

``The immediate effect is that the moratorium stands,'' said City Attorney
Bill Galstan. ``It's a happy day for us and for the neighbors (of the
proposed clinic).''

Galstan said unless the ruling is overturned, the city will try to make the
moratorium permanent after it expires in April.

An attorney for Bay Area Addiction Research and Treatment, which filed a
federal class-action lawsuit against Antioch in July, immediately announced
its plan to appeal the judge's decision.

Amitai Schwartz, the clinic's attorney, said the patients are protected
under the Americans With Disabilities Act. The clinic claimed in its suit
that Antioch had violated the act by denying the permit.

``We're disappointed,'' Schwartz said. ``It'd be nice to win round one, but
it's certainly not over. I think ultimately this will be resolved by the
Court of Appeals.

``I think we showed there is no presently available site that meets the
needs of clinic . . . in terms of space, parking, a bus line and
affordability,'' Schwartz said.

The clinic needs a 5,000-square-foot office to relocate from Pittsburg by
November 30 because the county is taking over its space there, Schwartz
said.

June Keusch, a neighbor who fought the clinic in Antioch, called the
court's decision a ``victory.''

``We fought really hard, and we'll continue to fight,'' Keusch said.
``We'll take it wherever it has to go to keep this out of our neighborhood
and away from our children.''

In June, the City Council adopted an urgency ordinance placing a temporary
moratorium on heroin treatment clinics within 500 feet of homes or schools,
after neighbors turned out to protest the clinic's plan to move near their
homes.

Methadone is a synthetic narcotic that metabolizes in the body more slowly
than heroin. Addicts attempt to break their addiction by using the drug
once a day instead of using heroin four to five times daily. Methadone
helps stabilize cravings while addicts attempt to kick the habit.

Galstan said the judge's decision may set a precedent for other cities
grappling with where to allow drug-treatment clinics to go in their
communities.

``The judge distinguished our case because the city had provided
alternative locations,'' Galstan said. ``She clarified that cities . . .
don't have to do exactly what the disabled folks want us to do. We only
have to provide reasonable accommodation.''

1998 San Francisco Chronicle