BAY AREA ADDICTION RESEARCH AND TREATMENT, INC. V. CITY OF ANTIOCH, 179 F.3d 725 (9th Cir. 1999) CASE BRIEF

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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