Ansonia’s former zoning regulations violated the Americans with Disabilities Act because the city prevented “clinics for the insane, alcoholics and drug addicts.”
The issue was brought to light in 2010, when Recovery Network of Programs announced it wanted to put a substance abuse clinic in an office at 158 Main St.
Before any formal application was filed, the city said the clinic would not be allowed because of the zoning language.
Now, the U.S. Department of Justice has required Ansonia to change its regulations and issued a “settlement agreement” that outlines the Americans with Disabilities Act for Ansonia officials.
The Board of Aldermen Tuesday approved the agreement.
The zoning regulations have already been changed to remove the illegal wording.
Article continues after copy of the offending zoning rules.
“This is something the U.S. government is requiring us to do,” Board of Aldermen President Eugene Sharkey said during the meeting. “It is very cut and dry.”
Sharkey stressed that the settlement was not a punishment and did not carry any fines.
“This is in no way to be construed to be an admission of wrongdoing,” Sharkey said, reading from the settlement.
Under the five-page agreement, Ansonia must provide a copy of the settlement to all Board of Aldermen members, all Planning and Zoning Commission members, and employees in the zoning and building departments.
Any new member or employee over the next three years must get a copy of the agreement.
Background
The proposed clinic would have given medication-assisted treatment for people addicted to heroin, according to an application filed with the state Department of Public Health. Click here to read a previous story on the application.
John Hamilton, the chief executive officer for Recovery Network of Programs, said he was given a copy of the city’s zoning regulations at the time — and told such a clinic was expressly prohibited from Ansonia.
A message seeking comment was left with Hamilton Tuesday.
The medication dispensed would have included methadone and Suboxone, according to the application.
The office wanted to also offer counseling services, as well as HIV and STD testing.
Hamilton complained to the Department of Justice about the language in the city’s zoning rules, saying it violated the 1990 Americans with Disabilities Act.
The date of the complaint was not available Tuesday. A spokesperson for the U.S. Attorneys Office said no complaint was on file as of Tuesday. However the draft settlement referenced a complaint in it.
The spokesperson declined comment.
Mayor James Della Volpe after the meeting Tuesday also declined to comment on the agreement.
Sharkey said Shelton, where Recovery Network of Programs is based, also had to sign a similar agreement. That could not be confirmed late Tuesday.
The Settlement
The settlement is an agreement between the city and the U.S. Department of Justice, that prevents the Department of Justice from filing a civil action against Ansonia.
“The Attorney General is authorized to bring a civil action enforcing Title II of the ADA if the Department of Justice is unable to secure compliance by voluntary means,” the document states.
“The City of Ansonia shall not discriminate on the basis of disability in violation of the ADA on the face of its regulations,” the settlement reads, “or in making land use decisions” for facilities for people with disabilities.
The settlement also states that Ansonia “shall not retaliate against the Recovery Network of Programs” as a result of its complaint.
Past stories:
Drug clinic eyes Ansonia’s Main Street
Drug clinic won’t open in Ansonia
The full draft of the agreement is posted below.
