Bay Area Addiction Research And Treatment, Inc. v. City Of Antioch,

179 F.3d 725 (9th Cir. 1999)

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Nature of the Case

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Facts

BAART (P) tried to relocate their methadone clinic to Antioch. After getting notice that the proposed location could be used for such a clinic, the city council enacted an emergency ordinance prohibiting the operation of methadone clinics within 500 feet of residential areas. The council found that the clinic represented a threat to public safety, peace, health, and welfare and would attract drug dealers. P sued Antioch (D) under Title II of the Americans with Disabilities Act (ADA, 42 U.S.C. section 12131-65 and 504 and the Rehabilitation Act, 29 U.S.C. section 794. A motion for preliminary injunction against D was denied by the district court. The court held that P did not demonstrate irreparable harm nor was it likely to prevail on the merits. P appealed claiming that the district court abused its discretion by applying the wrong legal test.