A group of religious leaders have come out to support a Philadelphia nonprofit’s efforts to create a facility for safe drug consumption. They are asking a federal judge to refuse the government’s request that a lawsuit be dismissed regarding the harm reduction initiative.
In an amicus brief filed on Friday with the U.S. District Court of the Eastern District of Pennsylvania, 35 Christian faith leaders and Jewish faith leader from 19 states argued that Safehouse should have the right to open an overdose-prevention site. They cited this as a religious freedom.
The Justice Department cites a statute that prohibits facilities that allow illicit drugs use. However, faith leaders argue that Safehouse should not be subject to this policy because its harm reduction mission of saving lives is in line with sincerely held Judeo/Christian beliefs.
DOJ has claimed that the religious exemption doesn’t apply, because Safehouse isn’t a bona fide religious group. The religious leaders, however, said that all that is important is that board members have a faith-based understanding that they are responsible for preventing drug overdose deaths.
They said: “The Judeo Christian tradition has a history of supporting and treating sick people, even if their activities are outside the norm.” Addicts are not exempt from this call. The stigma of addiction has been a problem for public health, as it has deprived drug and alcohol users of care and advocacy.
They said that “faith leaders have always been driven by their religious convictions to save lives and provide life-saving treatments and care for those who are marginalized in society and engage in illegal activities.” This commitment to save lives is based on the dignity and sacredness of all human beings, regardless of their health status.
“RFRA protects adherents’ right to follow their sincerely-held beliefs.” This brief is submitted to the Court in order to affirm, in concrete terms that the application by Safehouse of the CSA conflicts with the sincere religious belief held by Jews or Christians. If successful, the Government’s actions will significantly impair the ability for Jewish and Christian Safehouse Board members to practice their religious beliefs.
The filing is about a week old, and comes after Safehouse’s own brief was filed with the court. In it, Safehouse pleaded to the judge not to grant the Justice Department’s motion to dismiss .
DOJ stated in a document filed last month that Safehouse, which allows people to use illegal drugs under medical supervision, violates federal law. It also disputed Safehouse’s argument that the opening of the facility should have been protected by religious and constitutional law.
Under the Trump administration, the Justice Department initially blocked Safehouse’s opening of the overdose prevention facility. The Justice Department initially blocked Safehouse from opening the overdose prevention center under the Trump administration.
Safehouse stated in an email blast sent on Thursday that they expect the Department to submit a response brief by September 8. After that, the matter will be left in the hands of the judge,” stated.
In the days leading up to DOJ’s initial response to the lawsuit, local legislators, including Democrats who support marijuana legalization, requested that the federal court block Safehouse’s opening, and also asked for permission to submit a brief. A coalition of 20 Pennsylvania communities also requested that the court permit it to intervene.
The court, however, denied the request of the coalition last month in recognition that the government defends the existing statute while opposing overdose prevention centers.
The Philadelphia City Council plans to introduce legislation that will prevent the establishment overdose prevention centers in all districts except one.
Safehouse stated, “We hope that the City Council Gallery will be full of supporters.” The City Council must hear how OPCs are saving lives in 120 countries worldwide since more than 30 year. OPCs not only reverse overdoses but also link people with treatment.
The Justice Department had previously refused to submit a brief in order to express its position on harm reduction, and asked the court to give additional time to respond to the “complex case. The department stated that it was evaluating “guardrails” for safe consumption sites.
Safehouse and the Department had agreed in January to transfer the case to a mediation to be conducted by a magistrate to resolve the issue. The discussions were described as “productive,”, leaving some advocates hoping that DOJ would drop the case.
The Supreme Court has rejected a request to hear a case regarding the legality of the establishment of the Safehouse in October 2021.
Researchers from the U.S. Congress highlighted “uncertainty”, referring to the position of the federal government regarding safe drug consumption sites. They also suggested that legislators could resolve the issue temporarily by proposing an amendment similar to the one which allowed the implementation of medical marijuana laws without Justice Department interference.
New York City, which opened its first locally sanctioned harm-reduction centers in the U.S. in late last year, has already seen positive results, with officials reporting that they have saved lives.
A federal prosecutor with jurisdiction in Manhattan has recently told The New York Times in a declaration that these sites are illegal. He is prepared to “exercise all options, including enforcement,” if the situation doesn’t change soon.
Nora Volkow, Director of the National Institute on Drug Abuse, has implicitly endorsed the idea to authorize safe consumption sites . She argues that evidence has shown that these facilities are effective in preventing overdose deaths.
Volkow refused to specify what she thinks should be done with the lawsuit. However, she did say that research on safe consumption sites “has shown that they have saved a significant (percentage) of patients from overdosing.”
Rahul Gupta is the White House Drug Czar. He has stated that the Biden administration is reviewing proposals for harm reduction in drug policy. This includes the authorization of sites with supervised consumption. Rahul even went as far as suggesting possible decriminalization.
The American Medical Association published a study last year that found the newly opened New York City facility has decreased the risk for overdose and discouraged people from using drugs in the public. It also provided other ancillary services to those who use illicit substances.
In December 2021, the National Institutes of Health issued two requests for applications to examine how harm reduction policies and safe consumption sites could be used to address the drug epidemic.
Gupta is the director of White House Office of National Drug Control Policy. He has stated that it’s important to explore “any option” in order to reduce the number of overdose deaths. This may include allowing the use of illegal substances at safe consumption sites if there are sufficient evidence to support their effectiveness.
Below is the statement from the religious leaders involved in the Safehouse case:
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Image by Dima Solomin.
The post Religious leaders ask federal court to keep drug overdose prevention center lawsuit alive despite DOJ opposition first appeared on Marijuana Moment.
