MX Group, Inc. v. City of Covington

293 F.3d 326 (2002)

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MX Group, Inc. v. City of Covington

United States Court of Appeals for the Sixth Circuit
293 F.3d 326 (2002)

  • Written by Tanya Munson, JD

Facts

MX Group (plaintiff) sought to open a clinic in Covington, Kentucky, to provide methadone drug treatment, counseling, and other rehabilitative services to recovering opium addicts. MX Group leased a space in a building of condominiums and subsequently contacted Covington’s zoning administrator, Ralph Hopper, to apply for a zoning permit. Hopper issued MX Group the permit, but town residents were displeased and expressed their opposition to the proposed clinic at a city commission meeting. The board of adjustment held a public hearing on the matter, and residents of the town voiced some support, but mostly opposition, to the clinic. Some in opposition argued that methadone clinics cause an increase in crime, including drug crime, violent crime, trafficking, and burglaries, but they did not provide any statistics or empirical data regarding such conclusions. Despite testimony that supported the creation of the clinic, the board of adjustment voted to overrule Hopper’s decision and revoke the zoning permit. MX Group applied again for a zoning permit for a different location. After receiving the request, Hopper was informed by the city solicitor that he was not permitted to issue the permit and that a methadone clinic was not a permitted use in any zone in the city. The City of Covington (the city) (defendant) then amended the city’s zoning ordinance to completely exclude the opening of a place whose primary function is to care for the chemically dependent. MX Group sued the city and alleged that the city violated the Americans with Disabilities Act (ADA) when it discriminated against MX Group because of MX Group’s association with drug-addicted persons. The district court found in favor of MX Group, and the city appealed.

Rule of Law

Issue

Holding and Reasoning (Clay, J.)

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