ATTEMPT TO DELAY CLINIC IS THWARTED

A Judge Rules That Lynnwood Must Process All Methadone Clinic Applications.

LYNNWOOD -- Officials here are plotting their next move after a Snohomish
County judge ruled illegal the city's attempt to delay the business and
building permit applications for a methadone clinic.

Superior Court Judge Ellen Fair ruled Friday against Lynnwood in a summary
judgment, saying the city must process applications from San Diego-based CRC
Health Corp. to open a methadone clinic near the Toys "R" Us store and the
Interurban Trail.

Methadone is a prescription drug used to treat people addicted to opiates
such as heroin. The clinic would be the first in Snohomish County and would
serve 350 clients.

While Fair said the city must process the applications, she did not order
that they be approved.

Under state law, which was rewritten in 2001, counties can't deny placement
of a methadone clinic because the state considers them essential public
facilities. However, the law does say that the county and the city have the
final say on the actual site, based on zoning laws.

Lynnwood tried to draw out the approval process so that the company's
applications would fall under a new emergency ordinance that prohibits such
a clinic from being located within 250 feet of a school or public park, the
judge ruled. The ordinance was adopted after CRC, whose proposed site is
within 250 feet of the Interurban Trail, submitted its applications.

City Attorney Greg Rubstello said he was disappointed with the ruling, but
will have to meet with the City Council before deciding whether the city
will appeal.

"The city is going to have to decide what court battles it wants to get
involved in," Rubstello said.

Lynnwood is in the middle of another lawsuit against the state Department of
Social and Health Services in Thurston County Superior Court. That suit
seeks to stop any clinics from opening in Lynnwood until the state's rules
for locating them are clarified.

Rubstello defended the emergency ordinance, but acknowledged that it was
prompted by CRC's application.

"This issue really didn't come to the city's attention until their
application came in," Rubstello said. He added that the ordinance was a
policy decision on where clinics could not locate, rather than a direct
attempt to block CRC's proposal.

Phil Herschman, president of CRC Health, lauded the decision and said the
ball is now in the city's court.

He said the company's proposed clinic site in the Alderwood Professional
Building, 18631 Alderwood Mall Blvd., is ideal because of its proximity to
transportation. He said the clinic, right across the street from the
Alderwood Mall, will be designed with its own entrance and exit.

"We had leased the space on a verbal OK from the city that we did meet the
city's requirements," Herschman said. The delay made "it more difficult for
us to provide services that a certain portion of the city and the county's
population needs."

CRC operates 31 clinics in 11 states, including one site each in Renton and
Federal Way.