LYNNWOOD ATTEMPT TO BAN CLINICS CHALLENGED

LYNNWOOD -- A city zoning ordinance that bans methadone clinics from
opening within 250 feet of homes, schools, public parks and day care
facilities is discriminatory and unnecessary, said the president of a
company that wants to open a clinic in Lynnwood.

"The entire ordinance we believe is discriminatory against individuals
with the disease of addiction," said Phil Herschman, president of CRC
Health Corp, a San Diego-based company.

"The emergency ordinance is an attempt to keep a specific methadone
clinic out of the city," he said prior to a Lynnwood City Council
hearing Monday.

CRC Health wants to open its clinic in the Alderwood Professional
Building, 18631 Alderwood Mall Blvd., which is fewer than 250 feet
from the Interurban Trail and near Alderwood Mall. It would be the
first one in Snohomish County and would serve 350 heroin-addicted clients.

Herschman and more than 15 other people spoke to the council at a
public hearing about the ordinance Monday evening.

Several tenants in the Alderwood Professional Building strongly
disagreed with Herschman, saying the ordinance was a reasonable way
for the city to limit the location of methadone clinics.

Dr. Ivan Hyde, an optometrist who's worked in the building for 21
years, said Snohomish County needs drug treatment providers, but
argued that clinics shouldn't be located near homes, schools or other
facilities.

"With the zoning regulations, the city is exercising its right to
determine the best location for the clinic," Hyde said, adding that
his building is a bad site for the clinic because it's near schools,
the mall and the Interurban Trail.

Kathy Chambers, president of the Lynnwood High School Parent, Teacher
and Student Association, urged the city to keep methadone clinics away
from schools. She said CRC's clinic would be located too close to
Lynnwood High School.

The professional building shares a parking lot with Toys 'R' Us and a
lawyer for the company said Toys 'R' Us supported the ordinance. The
company asked the city to expand the limit to 500 feet for agencies
and businesses that are used by children.

But methadone clinics can be good neighbors, claimed some who spoke to
the council, and those being treated by methadone clinics say there's
a need for one in Snohomish County.

Wayne Northfield of Shoreline said he drives to a methadone clinic in
Renton three times a week for treatment. Northfield, who is trying to
end his addiction to heroin and prescription medication, said a
facility is needed here.

"The time has come, and you guys have a need to open up a methadone
program," he told the council.

Council members approved the interim ordinance in November. The
ordinance also requires companies to have a security plan, a
cooperation plan with the Lynnwood Police Department, show that they
considered whether the site would concentrate too many similar
facilities in one area, submit proposed operating rules and have
certification from the state Department of Social and Health Services.

Under state law, methadone clinics are considered an essential public
facility, and as such, local governments cannot ban them.

Prior to 2001, the county had the authority to say no to a clinic. But
the state law was changed last year. Now DSHS officials have the final
say on approving and certifying a methadone clinic in the county.
County and city governments can determine the clinic's actual site,
based on zoning laws.

Herschman said the interim zoning ordinance doesn't apply to his
health corporation because CRC submitted a permit application to the
Lynnwood planning department before the city adopted the ordinance.

City officials denied CRC a business license in December because it
did not have certification from DSHS. CRC is challenging the decision.

According to the state Department of Social and Health Services, there
are 3,000 heroin addicts in the county. Currently, about 150 Snohomish
County residents travel to King County to receive their daily dose of
methadone.

The nearest methadone clinic is in Shoreline, and serves about 180
clients.