New Directions Treatment Services v. City of Reading

490 F.3d 293 (2007)

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New Directions Treatment Services v. City of Reading

United States Court of Appeals for the Third Circuit
490 F.3d 293 (2007)

  • Written by Arlyn Katen, JD

Facts

In 2001, New Directions Treatment Services (NDTS) (plaintiff), a provider of methadone-maintenance treatment to adults who had been addicted to heroin for at least a year, leased a property in the city of Reading, Pennsylvania (the city) (defendant) and applied for a zoning permit. NDTS’s new property was subject to a statewide zoning statute that prohibited any methadone-treatment facility from operating within 500 feet of existing residential areas, schools, public parks, and places of religious worship, unless a majority of the relevant governing body approved the facility’s permit. The city voted against NDTS’s application. NDTS and several pseudonymous plaintiffs (plaintiffs) sued the city in federal district court. NDTS alleged that the zoning statute violated Section 504 of the Rehabilitation Act (RA) and Title II of the Americans with Disabilities Act (ADA). Both parties moved for summary judgment. The district court granted the city’s motion and denied NDTS’s motion. NDTS appealed.

Rule of Law

Issue

Holding and Reasoning (Smith, J.)

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