Federal judge issues order halting needle syringe law from taking effect

CHARLESTON, W. Va. – A federal judge on Monday issued an injunction preventing a new law affecting needle exchange programs from going into effect next month.

The order from Judge Robert Chambers of the U.S. District Court for the Southern District of West Virginia came after the West Virginia Chapter of the American Civil Liberties Union filed such a lawsuit before the law went into effect on July 9th. Chambers requested an interim hearing on July 8, during which the court will consider issuing an injunction.

Governor Jim Justice signed a bill to this effect in April after this year’s ordinary legislature. The law would require that syringe exchange programs be licensed with the intent of one-to-one exchanges. Participants would also need ID to get injections, and organizations would need to offer several alternative services such as prevention education and drug abuse treatment referrals.

Loree Stark (ACLU West Virginia)

The ACLU chapter filed a lawsuit last Friday on behalf of Milan Puskar Health Right in Morgantown and three other plaintiffs alleging that the law violated the United States Constitution and the Constitution of West Virginia.

“We are encouraged by this court decision,” ACLU West Virginia legal director Loree Stark said in a statement. “This harmful, unconstitutional bill should never come into effect. Harm reduction saves lives. “

During Monday’s MetroNews Talkline, Stark said that organizations that provide syringe services may not understand how to go about the law without facing sanctions. She added that some programs could operate under state law, but other groups could face challenges in following the rules without being fined up to $ 10,000.

“Our argument is that it’s not fair at all,” she said.

“The morning a Syringe Service Program – Director of the Harm Reduction Program wakes up to see if they’ll be able to take up service that day, they’ll know what’s breaking the law or not, ”also remarked Stark. “You will not be noticed.”

The ACLU chapter and health advocates are also concerned about the law’s timing; Officials from the U.S. Centers for Disease Control and Prevention recently completed an investigation into the rise in HIV cases in Kanawha County and the link with people who inject drugs. Investigators released preliminary results last week that identified gaps in treatment options, as well as poor access to sterile syringes and regular HIV testing.

“We know these programs work,” said Dr. Robin Pollini, Associate Professor in the School of Medicine at West Virginia University. “I’ve been doing this for a long time. I can’t think of any other evidence-based public health programs for which we need such public approval. “

Pollini said while appearing on MetroNews Talkline that there can be some standard rules, but local health authorities also need flexibility to address community concerns.

“Due to transportation problems, we have mobile units in some of our more rural areas in West Virginia. It is not at all clear whether these mobile units can continue under this law, ”she explained.

“The second is that consistency shouldn’t come at the expense of effectiveness. If we have a law that is right in line with what the CDC tells us, and science tells us it’s the most effective way to implement it, then we have a problem. “

The country has until Friday noon to respond to the injunction. Plaintiffs can respond before noon on July 6th.