ACLU ENTERS STATE'S METHADONE CLINIC DEBATE

RICHMOND - The American Civil Liberties Union has jumped into the
state's methadone clinic debate, threatening legal action if Gov. Mark
Warner signs a bill that would limit where such clinics could locate.

ACLU of Virginia Executive Director Kent Willis, in a letter sent to
Warner on Wednesday, said the measure could be a violation of federal
disability laws.

But the legislation's main sponsor said Thursday he felt the bill
provides for both public safety and treatment of drug abuse.

"Federal courts have consistently held that zoning laws that exclude
or unduly restrict the location of methadone clinics violate the
American with Disabilities Act by discriminating against individuals
who are disabled by addiction," Willis wrote.

"Should this bill become law, however, the ACLU of Virginia is
prepared to file an ADA lawsuit on behalf of any methadone clinic
facing discrimination under its illegal provisions. We hope that will
not be necessary."

Warner's press secretary Ellen Qualls said Thursday that the ACLU
threat would not affect the governor's decision whether to sign the
bill into law.

"He has not indicated his position on the bill," she
said.

The bill stemmed from a series of controversies involving proposed
clinics in the Roanoke and Bristol areas late last year. Roanoke
County officials changed their zoning ordinance and eventually
discouraged efforts by the Life Center of Galax to locate a new
methadone treatment facility there.

Another organization, however, opened a methadone clinic in the city
of Roanoke after meeting business license and certificate of occupancy
requirements.

Washington County barred Appalachian Treatment Services from opening a
clinic near the Lowry Hills subdivision just outside Bristol in recent
weeks, and the county Board of Supervisors' attempt to stiffen zoning
regulations has stirred new controversy because it also could limit
where other types of mental health treatment facilities could set up
in the county.

Bill sponsor Sen. William C. Wampler Jr., R-Bristol, said Thursday
that he hadn't gotten indications of ACLU opposition to the bill until
hearing of Willis' letter.

"I think we have passed legislation that sets as a matter of policy
safe zones around schools and day-care centers where it's not
appropriate to have intensive drug treatment facilities," he said.

Wampler said the bill does, however, provide an appropriate setting
for new substance-abuse facilities by allowing them in existing
hospital settings.

Willis disputed the safety issue in his letter to the
governor.

"Fear of increased crime may induce prospective neighbors to complain
about the clinics, but studies indicate that methadone clinics
actually cause a decrease in criminal activity among addicts," he
wrote. "Police from Virginia jurisdictions in which methadone clinics
are located echo the results of the studies, claiming that there is no
evidence that methadone clinics increase crime."

The governor has until midnight April 15 to decide whether to sign the
bill into law.