DRUG CENTER EXPANDS ACCUSATIONS -- LAWSUIT ALLEGES 'IMPROPER' INFLUENCE

BETHANY -- A company seeking to start a drug rehabilitation center in
Bethany accused city leaders Friday of exerting "improper" influence on the
State Health Department to block the center's opening. Broadway Place LLC,
the company seeking to open the rehab, added new accusations Friday to a
lawsuit against the city it originally filed Feb. 8.

The amendment to the lawsuit claims that Mayor J.D. Johnston, together with
state Sen. V. Glenn Coffee; state Rep. John Nance; Kent Shellenberger,
superintendent of Bethany Schools; Albert Cox, a lawyer for the Oklahoma
Children's Center; and Ellen Phillips, a lawyer for the state House of
Representatives, held a secret meeting at the state Capitol with
Commissioner of Health Leslie Beitsch.

The lawsuit says that the purpose of the meeting was to influence Beitsch
to help block the approval of Broadway Place's application to open the
facility.

Broadway Place's filing says that the meeting took place after the original
lawsuit was filed.

Johnston said Friday the meeting took place, but he said there was nothing
"secret" about it.

"I don't break the law," he said. "It is my job to deal with those people.
I am the liaison between the city of Bethany and the state's lawmakers."

Johnston said he can't remember who called the meeting, but he said it was
largely unproductive.

"Nothing got accomplished," he said. "All of us were a little disappointed."

Leslie Webb, a spokeswoman for the Health Department, said Beitsch was not
at the meeting. In fact, she pointed out that the Health Department will
not even oversee the company's application. Instead, it will be considered
by the state mental health board at its March 8 meeting.

The departments of Health and Mental Health and Substance Abuse Services
are separate agencies.

The amendment to the lawsuit also says that Johnston influenced school
superintendent Shellenberger to write a letter to the Health Department,
arguing that two public schools are within 1,000 feet of the proposed center.

State law prohibits the establishment of drug and alcohol treatment centers
within 1,000 feet of primary or secondary schools.

Shellenberger said he did write the letter. He said he believes the
Children's Center, a residence for disabled children, counts as a school.
The Children's Center is next door to the proposed rehab.

Shellenberger said 75 students of Bethany Schools are educated at the center.

Charles Alden, one of the investors in Broadway Place LLC, said the
Children's Center is really a hospital. He said it can only be a hospital
or a school -- not both.

Shellenberger also said Southern Nazarene University has a private
elementary school on campus called the SNU School for Children. He said
that school also is within 1,000 feet of the proposed rehab site.

Bethany's city ordinances do not directly address where drug and alcohol
treatment centers can locate, said city attorney David Davis. After city
council members first learned of Broadway Place LLC's plan, they convened a
special meeting to discuss possible ways to block the company's plan.

The council asked the city's Planning and Zoning Commission to consider
drafting new ordinances that would keep the rehab out of town.

The lawsuit argues that it is unfair for the city to change its laws after
the company had already purchased the property at 6900 NW 39 Expressway.

"They want to change the rules in the middle of the game," Alden said.