Bay Area Addiction Research and Treatment, Inc. v. City of Antioch
United States Court of Appeals for the Ninth Circuit
179 F.3d 725 (1999)
Bay Area Addiction Research and Treatment, Inc. (BAART) (plaintiff) sought to relocate its methadone clinic to Antioch, California as permitted by Antiochs’s zoning plan. After the residents of Antioch discovered BAART’s plan, the city council enacted an emergency ordinance banning the operation of such clinics within 500 feet of any residential area. BAART was unable to find an alternative location and sued the city pursuant to the Americans with Disabilities Act and the Rehabilitation Act, seeking a permanent injunction against the city to prevent it from enforcing the ordinance. BAART then moved for a preliminary injunction, which the district court denied because BAART failed to show that it would be irreparably harmed without the preliminary injunction. In so finding, the district court considered whether there was a suitable, alternative location for the clinic. BAART challenged the ruling, arguing that it was inappropriate for the court to consider the existence of an alternative site without first considering whether BAART posed a significant risk to the community.
Rule of Law
Holding and Reasoning (Tashima, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 725,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.Unlock this case briefRead our student testimonials
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.Learn about our approachRead more about Quimbee
Here's why 725,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 45,600 briefs, keyed to 983 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.