Opponents of needle exchange order
weigh court challenge
By ANGELA DELLI SANTI,
AP from WCBS 880 on the Web, October 28, 2004
TRENTON, N.J. Oct.27 -- Within hours of Gov. James E. McGreevey's order allowing three cities to set up needle exchange programs, critics of the plan were huddled with their lawyers to map out a strategy to challenge the directive.
Lawyers from at least two state agencies were reviewing the order Wednesday, as were attorneys in private practice.
"There is no doubt that a legal challenge will be filed," said activist John Tomicki of Citizens Against Needle Exchange.
"The issue for us is on what grounds, who has to bring it, who has the grounds to
sue?"
The governor's order, signed Tuesday, declares the spread of AIDS by injection drug use a public health emergency and permits three cities with high rates of HIV infection to establish programs for addicts to get clean needles.
The governor's office had not been notified of any lawsuits as of Wednesday, said spokeswoman Juliet Johnson.
Camden and Atlantic City were identified as participants in the pilot program; the third city has yet to be named.
Jersey City, New Brunswick and Newark had all passed resolutions supporting changing state laws governing syringes, but Newark later rescinded its support in favor of more drug treatment, said the city's deputy mayor, Ronald Rice.
The AIDS virus can be spread through shared needles, so the idea behind the order is to reduce the rate of infection.
Sterile needles are available in all other states but Delaware, and government-backed studies have shown the programs effective at bringing down the number of new HIV/AIDS cases.
Critics, however, challenge the science behind those studies. And some, like Rice, say giving needles to junkies damns them to be drug-dependent for life.
"I'd join in," he said of a legal challenge. "If someone wants to take this on and they need anything, I'll help.
If I can find some attorneys that may be willing to take a pro bono on this, I may take it on.
I want to do a little more research first."
Rice, who is also a state senator, said he has asked the Office of Legislative Services, which provides counsel for the Legislature, for a legal opinion on the issue.
McGreevey's order is based on the Disaster Control Act, which enables a governor to mobilize state resources during emergencies.
The act grants governors certain executive powers when the health, welfare or safety of New Jerseyans or their property is threatened, said Albert Porroni, executive director of OLS.
Challenges have been decided based on whether the court believes a true emergency exists, whether it's temporary and whether the remedy is tailored to the situation, Porroni said.
Rice on Wednesday pushed for the Attorney General's Office to challenge the governor's order, but its spokesman, Paul Loriquet, said the directive was still under review.
"We're looking into whether it conflicts with existing law and to determine its
scope," Loriquet said.
Attorney General Peter C. Harvey raised concerns in June that efforts by Camden and Atlantic City to start needle exchanges violated state drug paraphernalia laws.
A judge struck down Atlantic City's program, and Camden put its program on hold pending authorization from the state.
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