Court Ruling Could Pave Way For Somerville Safe Injection Site

SOMERVILLE, MA — A District Court ruling in Pennsylvania this week marked a victory for supporters of safe injection sites. U.S. District Judge Gerald McHugh ruled Wednesday that a Philadelphia nonprofit's plan to open a site where medical professionals can monitor drug use and potentially reverse overdoses does not violate federal drug laws.

McHugh wrote in his opinion that the goal of the program is to "reduce drug use, not facilitate it," according to NPR. It is the country's first legal decision about the legality of supervised injection sites.

Somerville Mayor Joseph Curtatone, who wants to open the state's first safe injection site in Somerville, said his office is "encouraged" by the decision.

"With the opioid crisis continuing to cost precious lives in our community, we are encouraged to see a court bring municipalities closer to being able to provide the needed medical services available at supervised consumption facilities," Curtatone said in a statement to Patch. "The data show these facilities can save lives, reduce overdoses, and spur access to recovery services. We will be looking into the decision further to better understand how it affects plans to open a facility in Somerville."

Federal prosecutors, who called the Philadelphia proposal an "in-your-face illegal activity" and sued to block the program, are expected to appeal the decision. The U.S. Attorney's office in Massachusetts has previously expressed its opposition to Curtatone's plan and said it "respectfully disagrees" with this week's ruling.

Massachusetts U.S. Attorney Andrew Lelling said in an emailed statement the case is "only the first step in a long process of judicial review for this important issue" and reiterated his stance that efforts to open such sites in Massachusetts "will be met with federal enforcement."

"Opioid overdose deaths are down 11 percent over this time last year, a substantial drop and the continuation of a multi-year trend," Lelling said. "Now would not be the time to open a site for the purpose of making it easier to take heroin and fentanyl."

While some studies have shown that supervised injection sites can reduce fatal overdoses and limit the spread of infectious diseases, Lelling said the research is not reliable. He added that people have died at safe injection sites, which exist in Canada and Europe, and said an increase in drug users could bring drug dealers and more crime to the host community.

Similar proposals are being considered in other U.S. cities like New York, Denver and Seattle.