METHADONE CLINIC SUES ANTIOCH

City Council Had Said Site Is Too Near Homes For Comfort

A clinic for heroin addicts has filed a federal class action lawsuit
against Antioch, alleging that the City Council discriminated against its
patients when it imposed a temporary ban on clinics near homes.

Bay Area Addiction Research and Treatment filed suit in U.S. District Court
in San Francisco on Monday, accusing Antioch of violating the 1990
Americans With Disabilities Act. The clinic is asking the court to overturn
the city's decision.

The council imposed a 10- month moratorium on methadone clinics within 500
feet of homes after a packed public hearing on June 9. Neighbors complained
that the proposed clinic would be too close to homes and to a public bus
line used by schoolchildren.

``This is clearly discriminatory zoning against a class of disabled
patients,'' said Amitai Schwartz, the plaintiffs' attorney in San
Francisco. ``The neighborhood's fear of this clinic is completely
unwarranted. It is typical of the stereotypes and stigmas disabled people
- -- including former drug abusers -- have to deal with.''

The suit alleges that a city planner initially approved the clinic's move
into an office in the 3700 block of Sunset Lane. Residents caught word of
the decision and flooded City Hall with complaints, prompting the council
to rescind the approval and institute the moratorium.

City Attorney Bill Galstan said the rights of Antioch residents outweigh
those of the clinic's patients. He said city officials have offered the
clinic more than a dozen alternative sites, several near bus lines.

Galstan said the deputy planning director's April 15 letter, which
indicated that a methadone clinic would be a permitted use for the office
building, had no bearing on the case. He said state law allows cities to
adopt moratoriums in the event of clashing uses.

The clinic's motion for an injunction is expected to go before a judge in
August.

Schwartz said his clients' livelihoods depend on getting the proper
methadone treatment.

``They are trying to receive medication and treatment so they can go on
leading normal lives,'' Schwartz said. ``The image of the illegal drug user
lurking in the dark, ripping off houses is not typical of the clientele
this clinic is serving.''

Neighbors of the proposed clinic site hope the court will uphold the
moratorium.

``We want it away from the children,'' Jennifer Karczewski said.

1998 San Francisco Chronicle Page A15