N.J. Lawmakers Ask Courts to Stop Needle-Exchange Program December 17, 2004
News Summary
Four New Jersey lawmakers are challenging an executive order issued by former Gov. James McGreevey that allowed three cities to conduct needle-exchange programs, the Newark Star-Ledger reported Dec. 14.In filing the lawsuit, Sens. Thomas Kean Jr. (R-Union) and Ronald Rice (D-Essex) and Assemblymen Joseph Pennacchio (R-Morris) and Eric Munoz (R-Union) said that McGreevey "overstepped his responsibilities and constitutional powers" when he issued the executive order in October, citing a public health emergency.
"We understand that needle-exchange programs are by their very nature controversial," Kean said. "That is exactly the kind of issue best left to the living democracy of the Senate and the Assembly. It is too important for one man's opinion to prevail without the checks and balances provided by the Constitution."
Two bills aimed at decriminalizing needle-exchange programs in the state have stalled in the New Jersey Senate.
The lawsuit claims that a governor doesn't have the authority to allow communities to violate state laws. Needle-exchange programs are currently banned under New Jersey state law.
The lawsuit was filed in Superior Court in Mercer County. It seeks to stop Camden and Atlantic City from implementing their needle-exchange programs. A third community has not yet come forward to participate in the pilot program.
"People will die as a result of this litigation," said Roseanne Scotti, director of the Drug Policy Alliance, the chief lobbyist for needle exchange. "Every day, five more people in New Jersey are infected with HIV, and almost half of those infections result from the sharing of dirty needles."
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