A coalition of Pennsylvania community organizations is trying to intervene in a federal case regarding the legality safe drug consumption sites. They fear that the government will abandon the case.
On Tuesday, twenty local organizations filed a motion for intervention as party-plaintiffs. They asked a federal court to grant them permission to intervene because they are concerned that the Department of Justice will reverse the lawsuit it filed under Trump’s administration. This lawsuit prevented the establishment of safe consumption facilities in Philadelphia, where people could use illegal drugs in a medically supervised setting.
As DOJ reviewed its position on harm reduction centers, the case was repeatedly delayed. The U.S. District Court Eastern District of Pennsylvania agreed to several extensions of the deadline. The non-profit Safehouse granted several extensions but opposed one of the most recent requests by the government for more time. In January, the court ordered DOJ that it reveal its position.
However, before this happened, both Safehouse, and the department , agreed to transfer the matter to mediation before the magistrate judge to resolve the issue.
Although the status of the mediation is not clear, the diverse community groups feel that DOJ is willing to concede the case and authorize safe consumption sites. This would be consistent with the White House’s commitment to harm reduction policies that reduce overdose deaths and promote treatment.
The groups have asked the court to rule on the motion for intervention before the settlement conference, which is scheduled for Thursday.
The motions state that the Community Groups are seeking immediate intervention to safeguard the interests of the Government. “Community Groups members have been suffering the effects of crime and drug infestation for decades.”
The following Community Groups are behind the filing: Delancey Square Town Watch; East Passyunk Avenue Business Improvement District; Fraternal Order of Police; Lodge #5, Friends of Harrowgate Park; Friends of Penrose; Girard Estate Area Residents.
After years of litigation, the government has “an abrupt reversal” of its position. This threatens the health, safety and property rights of Community Groups members, their filing continues. “Without intervention the law and Philadelphia’s neighborhood may be without defense.”
Safehouse previously said that its conversations with the Justice Department were productive. However, the organization has become frustrated by the delays in legal proceedings at the request of the government.
Marijuana Moment reached DOJ to get comment from them about the new filing. However, a representative wasn’t immediately available.
The motion states that “expedited consideration is necessary in order to ensure that Community Groups can participate further settlement discussions between Safehouse, the Government.” “Without the Groups’ intervention, the Government’s stance flip could compromise the Groups’ rights and necessitate additional litigation. A settlement could also allow Safehouse to immediately construct injection sites, which would violate the rights of the Community Groups and federal criminal law.
At the request of U.S. attorney Jacqueline Romero, representatives of neighborhood groups met last month with U.S. attorney Jacqueline Romero. They left the meeting with the impression that the government would “imminently abandon” an earlier circuit court decision that had deemed safe drinking sites federally illegal and “permit Safehouse operation in violation of federal laws.”
The filing states that the Community Groups appeared as amici in the Court and the Third Circuit and were happy to support Philadelphia’s position when it was protecting Philadelphia’s most vulnerable areas. The Government seems poised to change sides in this case. Therefore, the Groups need to intervene to protect their property, health, and safety.
It concludes that “the motion to intervene should not be granted prior to the next settlement conference.” “At minimum, the Community Groups should have the right to intervene before any Government seeks to enter into any settlement.”
DOJ stated last year that it was “evaluating supervision consumption sites, and discussions with state regulators about appropriate guardrails. This is part of an overall approach towards harm reduction and public safety.”
The U.S. Supreme Court denied a request to hear a case regarding the legality of Safehouse facilities being established.
Recent congressional research highlighted the uncertainty of the federal government’s position regarding safe drug consumption sites. They also pointed out that lawmakers could temporarily solve the problem by proposing an amendment that is modeled after that which has allowed medical marijuana laws without interference from the Justice Department.
While the Philadelphia facility is currently being held up by litigation, New York City opened one of the first U.S. locally sanctioned harm-reduction centers in late 2021. Officials have already reported positive results in saving people’s lives.
CRS pointed out this discrepancy. It stated that “DOJ actively opposed” the operation of supervised consumption areas under Trump Administration. However, the Biden Administration has not attempted to invoke [Controlled Substances Act] to stop such facilities.
The report was published just days after Nora Volkow Director of the National Institute on Drug Abuse, tacitly supported the idea of authorizing safe drinking sites, arguing the evidence is strong that these facilities can prevent overdose deaths.
Volkow declined to say exactly what she would do if elected, and Trump’s lawsuit was dropped. However, she stated that safe consumption sites have “shown that it has saved significant [percentage] of patients from overdosing.”
These comments are one of the strongest in favor of safe drinking sites that can be made by a federal official. They’re even more noteworthy given the federal government’s position in the case that has so far prevented Safehouse from offering the service.
However, Rahul Gupta (White House drug czar) has stated that the Biden administration is examining broader drug policy harm reduction propositions including the authorization for supervised consumption sites. He even suggested possible decriminalization.
The American Medical Association (AMA), published a July study that found that recently opened New York City facilities had reduced overdose risk and steered people away form using in public. They also provided other ancillary services for people who are currently using illegal substances.
The new motion is available in the federal safe consumption site lawsuit.
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The post Federal Government May “Imminently Abandon” Lawsuit Blocking Safe Drug Consumption Sites was first published on Marijuana Moment.
