Pubdate: Thu, 18 Aug 2005
Source: Courier-Gazette, The (ME)
Copyright: 2005 Courier-Gazette
Contact:  http://www.courierpub.com/couriergazette
Details: http://www.mapinc.org/media/3889
Author: Christina Sobran
Bookmark: http://www.mapinc.org/heroin.htm (Heroin)
Bookmark: http://www.mapinc.org/find?136 (Methadone)

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.
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