NCJ Number
161599
Date Published
1995
Length
47 pages
Annotation
Community opposition -- commonly known as the NIMBY (not in my backyard) syndrome -- often prevents or delays the siting of a drug treatment program; this manual examines the legal remedies available to treatment providers who wish to challenge discriminatory zoning and siting decisions that result from the NIMBY syndrome.
Abstract
One chapter provides general information on zoning ordinances and other codes that affect program siting. Although these regulations vary across jurisdictions, this chapter provides information on the bases for zoning ordinances and decisions. Another chapter explains the Federal law and constitutional protections that a program can use to challenge a locality's refusal to allow the siting of a facility. It also reviews the case law developed under each statute. A chapter demonstrates the application of these legal principles to two representative cases for inpatient and outpatient programs. The final chapter makes the point that lawsuits may be won or lost before they are filed. Using a model developed by the National Institute on Drug Abuse, this chapter gives advice on finding allies in the community, assuaging neighbors' fears, and averting local opposition. It also helps programs assemble information and documents throughout the siting process, which may later prove crucial to building a case. The primary message of this manual is that although some communities may continue to oppose the opening of new programs, there are ways short of going to court to defuse, confront, and overcome the NIMBY syndrome. If a treatment provider must file suit, the provider should be confident of winning the case, since in case after case treatment programs have won the right to open their facilities and treat substance abusers.