N.J. Prosecutor Sues Over Needle Exchange Law June 25, 2004
News Summary
Atlantic County Prosecutor Jeffrey Blitz has filed a lawsuit to block Atlantic City's new needle-exchange ordinance, saying it violates New Jersey state law. The program was developed to curb the spread of HIV/AIDS, the Associated Press reported June 24.The civil lawsuit filed in New Jersey Superior Court seeks to invalidate the city ordinance, thus preventing city officials from moving ahead with plans to distribute hypodermic syringes to addicted individuals who turn in used needles.
Blitz cited the Comprehensive Drug Reform Act of 1986, which prohibits the distribution of syringes to people who don't have a valid prescription for a legitimate medical purpose.
"If the activity is allowed to commence, there will be irreparable harm, in that the prosecutor will be forced to arrest persons for unlawfully receiving that which another component of government has given to them," the lawsuit stated.
Supporters of the program contend that a 1989 amendment to the state law exempts municipalities from the restriction. "This is a public-health HIV-prevention measure," said Roseanne Scotti, director of the Drug Policy Alliance of New Jersey. "The fact that he's challenging this in a city where one in every 32 African-Americans are infected with HIV and holding it up is a tragedy. It's tantamount to helping spread the virus when you step in to bar a program from going forward that's proven to reduce the spread of the virus."
Blitz said the referenced amendment exempts the city, but not those who receive needles. But city solicitor Beverly Graham-Foy countered, "We would argue that the exception still holds and that the city still has the power to implement the program."
A July 7 court hearing has been set.
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