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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.)

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