CNHI
10-6-10 — A federal lawsuit—which claimed a proposed methadone clinic operator
received financial damages from actions taken by two government agencies and Operation UNIT—was dismissed in U.S. District Court September 30.
U.S. District Judge Gregory F. Van Tatenhove stated that Somerset
Addiction Solutions, LLC, had ended its efforts to locate a clinic in Somerset before state officials had issued a final decision on their
permit application, and therefore had not received "an actual, concrete injury" upon which to seek relief.
"[B]ecause Somerset Addiction abandoned the licensing process, there
is no longer a live case or controversy for the Court to decide, rendering the lawsuit moot," Van Tatenhove wrote in his eight-page
ruling, noting the operators admit that the withdrawal was a "business decision" rather than a result of being administratively
denied a license.
In addition, Van Tatenhove stated that resolutions passed by the
City of Somerset and Pulaski County Fiscal Court opposing the clinic
neither imposed additional requirements upon the operator nor imposed
requirements that conflicted with federal regulatory statutes Lawsuit over Somerset methadone clinic is dismissed
"[T]he claims asserted by Somerset Addiction lack finality or are
otherwise legally incognizable…" Van Tatenhove ruled.
Somerset Addiction Solutions began making plans to open an
outpatient substance abuse treatment facility in Somerset that would
include methadone treatment in June 2009.
On August 12, 2009, clinic owners Terry Scott and Dr. Lori A. Nation
were issued a permit by the Kentucky Cabinet for Health and Family
Services—the first step toward obtaining an opiate addiction
treatment license. The facility had also been issued a business
license from the City of Somerset.
It wasn't until October 2009 that plans for the clinic became known,
resulting in negative reactions from the public and government
officials.
County officials passed a resolution opposing the clinic "until such
a time as proper information is provided" by the clinic's owners
while the city stated that sufficient information about the facility
had not been provided.
Following a public informational forum conducted by the Pulaski
County UNITE Coalition, plans for the clinic were dropped.
Scott's lawsuit claimed "discriminatory reaction and behavior" by
the city and county governments and demanded at least $15 million in
compensation for loss of future revenue asserting claims under the
Americans with Disabilities Act, the Rehabilitation Act, the
Supremacy Clause, and the Due Process and Equal Protection clauses of
the 14th Amendment.
The lawsuit also claimed UNITE's opposition to the methadone clinic
violated both the constitutional and civil rights of the owners.
"We are very pleased with the judge's ruling," said Karen Kelly,
director of UNITE. "At no time did we violate anyone's rights. We
merely pointed out there are risks posed by a methadone clinic and
that our detectives see the drug being diverted to illegal use on a
daily basis."
For more information about Operation UNITE visit their website at
www.operationunite.org.