BAY AREA ADDICTION RESEARCH AND TREATMENT, INC. V. CITY OF ANTIOCH
179 F.3d 725 (9th Cir. 1999)
NATURE OF THE CASE: This was a dispute over an ordinance that prohibited methadone
clinics within 500 feet of residential housing.
FACTS: BAART (P) tried to relocate their methadone clinic to Antioch. After getting
notice that the proposed location could be used for such a clinic, the city council enacted
an emergency ordinance prohibiting the operation of methadone clinics within 500 feet of
residential areas. The council found that the clinic represented a threat to public safety,
peace, health and welfare and would attract drug dealers. P sued Antioch (D) under Title II
of the Americans with Disabilities Act (ADA, 42 U.S.C. section 12131-65 and 504 and the
Rehabilitation Act, 29 U.S.C. section 794. A motion for preliminary injunction against D was
denied by the district court. The court held that P did not demonstrate irreparable harm nor
was it likely to prevail on the merits. P appealed claiming that the district court abused
its discretion by applying the wrong legal test.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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