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J(&: GATES <br /> March 19, 2018 Marie E Quasius <br /> Marie.Quasius @klgates,com <br /> T+1 206 370 8195 <br /> Allan Giffen F+1 206 623 7022 <br /> Director <br /> Planning &Community Development <br /> City of Everett <br /> 2930 Wetmore Avenue <br /> Suite 8A <br /> Everett, WA 98201 <br /> Dear Mr. Giffen, <br /> We represent Therapeutic Health Services (THS), which is submitting the enclosed application <br /> for a permit to operate an opiate substitution clinic at 3025 Rucker Ave., in Everett, WA 98201- <br /> 3931. <br /> The City of Everett's Code has historically singled out"opiate substitution treatment facilities"for <br /> treatment differently than other medical clinics. As recognized by a memorandum from David <br /> Hall, Deputy City Attorney date Nov. 27, 2017, "cities may not single out methadone clinics to be <br /> regulated differently than other medical clinics, because to do so would constitute discrimination <br /> under the [Americans with Disabilities Act] and the Rehabilitation Act." Therefore, the Everett <br /> City Code (as currently enacted) discriminates against those seeking treatment for substance <br /> abuse in violation of the Americans with Disabilities Act. See Bay Area Addiction Research and <br /> Treatment v. City of Antioch, 179 F.3.d 725 (9th Cir. 1999) (finding that city ordinance regulating <br /> location of methadone clinic constituted facial violation of ADA); New Directions Treatment <br /> Services v. City of Reading, 490 F.3d 293 (3rd Cir. 2007) (finding state statute facially <br /> discriminatory because it singled out methadone clinics, and therefore methadone patients, for <br /> different treatment). <br /> Consistent with this understanding, the Everett City Council voted on March 7, 2018 to remove <br /> references to "opiate substitution treatment facilities" in the zoning code (so that these facilities <br /> would be treated the same as other medical clinics) and enact a nine-month moratorium on new <br /> medical clinics in the B-3 zone. These actions have not yet taken effect. Because the current <br /> zoning ordinances violate federal law, they are invalid and unenforceable. See, e.g., Vincent v. <br /> City of Seattle, 115 Wash. 475 (1921) (affirming injunction against city with respect to. revocation <br /> of a license based on an ordinance that was found to be discriminatory in violation of the state <br /> constitution and therefore void). <br /> K&L GATES LLP <br /> 925 FOURTH AVENUE SUITE 2900 SEATTLE WA 98104-1158 <br /> T+1 206 623 7580 F+1 206 623 7022 klgates.com <br /> 501146646 v1 <br /> klgates.com <br /> tz/.. <br />