Pubdate: Thu, 28 Mar 2013
Source: Register Citizen (CT)
Copyright: 2013 Register Citizen
Contact:  http://www.registercitizen.com
Details: http://www.mapinc.org/media/598
Author: Tom Cleary and Kate Hartman
Page: A1

RESTRICTION REMOVED FOR METHADONE CLINIC

TORRINGTON - A zoning amendment unanimously approved by the city's
Planning and Zoning Commission Wednesday night could resurrect a
proposed methadone clinic and settle a federal lawsuit filed against
the city by the company pushing for it to be built.

U.S. Attorney David B. Fein sent a letter to attorneys representing
the City of Torrington and its planning and zoning commission last
week informing them that his office has opened an investigation into a
discrimination claim filed by the Hartford Dispensary, the company
seeking to open a methadone clinic in Torrington.

Fein also urged the city to amend the overlay zone
regulation.

After a lengthy executive session, the commission voted to remove
substance abuse and mental health facilities from an overlay zone
adopted in April 2012 that restricted where certain facilities could
be opened. The "ASM" zone also restricted alternate incarceration
facilities and medical marijuana dispensaries.

A discussion on the amendment change was held in executive session,
because of pending legal issues.

The zone was put in place after the controversial proposal to open a
methadone clinic at 241 Kennedy Dr. was put forth by the Hartford
Dispensary, which runs nine medical facilities to treat opiate
addiction around Connecticut, Regulations in the zone also make it
more difficult for those facilities to open in the areas approved by
the city.

After re-applying under the newly created zone, the dispensary's
proposal was rejected by the Planning and Zoning Commission in
November by a 4-1 vote. The commission cited several issues, including
lack of adequate parking and its close proximity to children.

In a federal lawsuit filed in January, Hartford Dispensary's attorney
Diane Whitney, of Pullman & Comley, argued that the city's "ASM"
overlay zone was in violation of the Americans with Disabilities Act.
She said Wednesday that Fein informed the city the amendment was in
fact in violation of the ADA act.

Earlier Wednesday, Whitney said her clients were willing to settle the
lawsuit, if the amendment was changed.

"If they were to take out those two categories, I think (the
regulation) would be fine," Whitney said. "You can leave in the
regulation alternative incarceration and medical marijuana because
those are not protected by ADA.

"So far the city is completely unwilling to change the regulation,"
she said, prior to Wednesday night's vote. "I'm hoping that it
settles. I'm perplexed that Torrington is not understanding that their
regulation is facially discriminatory. I understand that the U.S.
Attorney's office has told them that."

Michael Rose, an attorney with the Rose Kallor law firm in Hartford
who represents the city in a federal lawsuit on the same
discrimination claim, said Wednesday that the investigation by the
U.S. Attorney's office is a civil matter, not a criminal one.

"(The dispensary) didn't get what it wanted with the zoning
commission, so they decided to try to exert a little additional
pressure by contacting the U.S. Attorney," Rose said. "They are trying
to pressure us into giving (the) dispensary what they want."

Hartford Dispensary's attorney, Diane Whitney of Pullman & Comley LLC,
said she doesn't know if a formal complaint was filed, but said the
U.S. Attorney's office has known about the dispensary case for some
time.

"As wonderful as a law firm as Pullman & Comley is, we can't force the
U.S. Attorney's office to do anything," Whitney said Wednesday.

A spokesman for Fein said he couldn't yet comment on the investigation
when contacted Wednesday.

Rose said the letter essentially said Fein's office is opening a file
on the case, but will not be proceeding with the investigation because
they hope the dispute can be resolved through a settlement.

The city's attorney said he is "always" willing to work with the
Hartford Dispensary to reach a resolution, but "will not do it in such
a way that we have the zoning decisions subverted, such as legal pressure."

In the federal lawsuit, Hartford Dispensary claimed that the city
discriminated against the company and persons with disabilities by
requiring them to file a zoning application under the recently created
overlay zone.

But the city claims there are still problems with the proposed
site.

Rose said there is a "terrible parking situation" at the Kennedy Drive
site, which was formerly used by the Boy Scouts of America. He said
there are 14 parking spots, and six to eight of those will be used by
staff. There will be as many as 150 people using the dispensary each
morning, he said.

"If we could make an arrangement (with the dispensary) for an
alternative spot that would be wonderful," Rose said. "If the
dispensary is interested in an alternative spot that works, in terms
of parking, then that's fine. But this spot does not work."

Whitney said Hartford Dispensary has found a new location, but isn't
sure if it would be approved under the regulation guidelines put on
methadone clinics by the city.

The two sides last met in early March to discuss the federal lawsuit,
which is set to be heard by Chief U.S. District Judge Alvin W.
Thompson in Hartford. At the time, the two sides indicated that they
are open to settlement talks, but were far apart on possible trial
dates. The city said the case should be ready for trial in September
2014, while Whitney, representing the dispensary, said the trial
should begin in October 2013.

Whitney said they also met in Litchfield Judicial District court with
Judge John W. Pickard to discuss a state lawsuit that has also been
filed by the dispensary. That lawsuit is an appeal of the zoning
commission's decision.

Rose and Whitney couldn't be reached for comment following Wednesday
night's vote.
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MAP posted-by: Matt