Pubdate: Mon, 07 Jan 2008
Source: Baltimore Sun (MD)
Copyright: 2008 The Baltimore Sun Company
Contact:  http://www.baltimoresun.com/
Details: http://www.mapinc.org/media/37
Author: John Fritze
Bookmark: http://www.mapinc.org/find?136 (Methadone)
Bookmark: http://www.mapinc.org/rehab.htm (Treatment)

ZONING RULES REVISITED

City Considers Easing Laws On Treatment Center Placement

Renewing debate over a controversial proposal that has  failed twice
before, the Baltimore City Council is  again considering legislation
that would permit live-in  drug treatment centers to open in more
residential  neighborhoods.

Though the same bill has faced opposition from  neighborhood groups in
the past, Mayor Sheila Dixon's  administration is under pressure from
the U.S.  Department of Justice to loosen the city's zoning laws  -
which critics charge are used to limit the centers -  or face a
federal lawsuit.

Supporters say the proposal would permit an expansion  of desperately
needed drug treatment options for a city  that is among the most
violent and addicted in the  country. Others say the homes are poorly
regulated and  drive down property values.

"I find it very frustrating that everybody isn't saying  we need more
drug treatment and we need it now," said  Bow Brenton, an
administrator at Tuerk House, a West  Baltimore treatment facility for
alcoholics and drug  addicts, and a supporter of the proposal. "We're
in the  middle of this addiction epidemic."

Democratic City Councilwoman Mary Pat Clarke said that  if all group
homes were as well-run as Tuerk House,  there would be less
opposition. Instead, she said, some  homes offer scant oversight of
their patients and that  the state is not equipped to intervene when
neighbors  have concerns.

"I am very skeptical because I have group homes in my  district right
now, and I have no way of controlling  their activities," said Clarke,
who represents portions  of Northeast Baltimore. "Who's going to be
responsible  for the impact of these group homes on a given
neighborhood?"

City Councilman Bernard C. "Jack" Young, a Democrat who  represents
portions of East Baltimore, said he believes  the federal government
has put undue pressure on the  city at the same time that it has let
the issue slide  in suburban neighborhoods.

"As far as I'm concerned, I'm not going to support it,"  said Young,
who added that he has reached out to  federal elected officials to ask
for a more equitable  enforcement of federal housing laws in
surrounding  counties. "Let's go to court."

Facilities covered by the bill include homes for  juveniles and other
assisted-living facilities licensed  by the state.

Dixon's administration introduced the bill in the  council last month
after similar legislation failed in  2004 and 2005. Gov. Martin
O'Malley, who was mayor at  the time, supported the proposal but then
pulled the  legislation in 2005.

Under the proposal, residential drug abuse treatment  programs - which
are protected by the Americans with  Disabilities Act - could open in
any residential area  as long as they shelter eight or fewer clients.
The  current zoning code requires City Council approval on a
case-by-case basis for any homes with more than four  residents.

Advocates say that arrangement is a de facto  prohibition because
council members will not support  individual homes in their district
if they are  unpopular with voters. And, according to a letter it
sent to the city in July, the Department of Justice  agrees.

After receiving a formal complaint, the department  investigated and
determined that the city's zoning code  violates federal law. The
letter notes that the  government will "consider other options,
including  litigation" if the code is not changed.

Though the cases are not directly relevant, federal  courts have
struck down similar zoning laws in the  past. Last year, a U.S.
District Court ruled against a  Baltimore County law that prohibits
methadone clinics  and other types of treatment facilities within 750
feet  of homes. That case is now before the U.S. Court of  Appeals for
the 4th Circuit.

Solicitor George A. Nilson, head of the city's law  department, has
recommended that the City Council  approve the pending legislation
rather than face a  lawsuit.

"It's better to solve these problems legislatively than  to turn over
the solution to a federal judge," Nilson  said.

Under the proposed legislation, larger group homes -  with nine or
more patients - could open without council  or Zoning Board approval
in zoning districts allowing  dense residential development but would
require Zoning  Board approval in less densely developed areas.

Ellen M. Weber, an assistant professor at the  University of Maryland
School of Law and an activist on  the issue who filed the complaint
with the federal  government, noted that facilities covered under the
legislation are licensed by the state.

If residents are concerned about a lack of oversight,  she said, they
must take it up with the state. Denying  group homes the ability to
operate through the zoning  code, she said, is illegal.

In 2006, the City Council approved a bill to make it  easier to open
nonresidential drug treatment clinics -  such as methadone clinics -
in certain residential and  commercial areas without council approval.
City law now  treats drug treatment centers the same as other medical
clinics in its zoning.

In 2005, when O'Malley pulled the residential drug  treatment
legislation, his mayoral administration  argued that it needed more
time to ensure that the  state improved its inspection and oversight
procedures.

There has been no change, however, in the way the state  handles the
licensing or inspection of group homes  since O'Malley became governor
last year.

Not all council members are against the legislation.  City
Councilwoman Belinda Conaway, a Democrat who  represents the 7th
District, said residents who oppose  the homes should look beyond
their initial concerns to  the broader good such centers provide.

"These are our children. At some point in time, we're  going to have
to work with them," Conaway said. "It's a  terrible thing for young
people to feel that no one  wants them in a neighborhood."
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MAP posted-by: Steve Heath