DRUG CLINIC WINS RULING

PORTLAND - A federal judge has affirmed the right of the proprietors of a
proposed methadone clinic to sue the city of Rockland under two state laws.

Turning Tide Inc., is a company that seeks to open a facility for methadone
maintenance treatment, which is used to treat people who are addicted to
heroin and other opiate drugs.

The company faced vocal public opposition last fall after proposing such a
clinic at a downtown location on Park Street. In response, the city council
voted to restrict sole-source pharmacies from locating anywhere in the city
except for a half-mile stretch of Route 90 on the city's outskirts.

The proposed clinic's founders, Angel Fuller-McMahan and Martin O'Brien,
filed a lawsuit against the city in March, claiming that by restricting the
clinic's location, the city violated several laws including the federal
Americans with Disabilities Act, the Maine Human Rights Act, and the Maine
Home Rule statute. They also changed their proposed site to the former
Tuttle Shoe Barn property on Route 1.

In July, U.S. Magistrate Judge David Cohen recommended dismissing portions
of the suit which claimed that Turning Tide was denied due process. He
recommended dismissal of the claims brought under the Maine Human Rights
Act and the Maine Home Rule statute.

On Monday, federal Judge D. Brock Hornby adopted the magistrate judge's
recommendation on all parts of the suit except the Maine Human Rights Act
and the Maine Home Rule statute.

"[T]his complaint gave fair notice of these two claims, and that is
sufficient," Hornby wrote. "These two counts therefore will not be
dismissed. That does not mean that they have merit; that issue will be
resolved at summary judgment or trial."

The clinic's founders also have filed for a preliminary injunction to
prevent the city from enforcing the zoning laws pertaining to clinics.

The city's attorney in the case, Mark V. Franco of Portland, said he is
confident the city will prevail despite the reinstatement of the two counts.

"Despite the ruling, neither count has any merit," Franco said. "In the
final analysis, both will be dismissed."

The plaintiffs' attorney, John P. Doyle Jr. of Portland, had no comment
when reached Wednesday morning.