ADA Protection Will Not Be Extended To Drug Addicts Unless They Are Significantly Impaired in Major Life Activity
(July 2009) By Melissa E. Goldmeier, Summer Associate.
For more information, contact Paul Farquharson.
A Helping Hand, LLC v. Baltimore County, Md, 525 F.3d 356
(4th Cir., Feb. 12, 2008)
In A Helping Hand, LLC v. Baltimore County, Md, A Helping
Hand, a methadone treatment facility, brought a discrimination action against
Baltimore County, Maryland, alleging that a new county ordinance that operated
to prevent the clinic from operating violated the Americans with Disabilities
Act (the "ADA").
In November 2001, A Helping Hand representative contacted the
Baltimore County Department of Permits to discuss opening a private, for-profit
Helping Hand methadone clinic. He was informed that a drug addition counseling
and treatment center was permitted under the zoning ordinances applied for the
site. The representative proceeded to procure a lease for the property and to
apply for the required federal and state permits and certifications.

In April 2002, in response to pressure from the community
regarding the proposed facility, a city councilman introduced a bill (the
"Bill") that would create a new zoning category for state-licensed medical
clinics, including drug abuse treatment centers. The Bill provided that these
"state-licensed medical clinics" could no longer operate as a matter of right in
commercial zones. Instead, such clinics could only operate in commercial zones
by "special exception." The Bill also required such clinics to participate in a
public hearing before receiving any permit. Additionally, the Bill required such
clinics to be located at least 750 feet from the nearest residence.
The Bill was passed on April 15, 2002, the same day A
Helping Hand opened its doors for operation. The County immediately moved to
enforce the new zoning laws against A Helping Hand. A Helping Hand responded by
filing suit against Baltimore County, alleging that the county participated in
intentional discrimination against drug addicts, and crafted a law that created
a disparate impact, in violation of the ADA and Due Process Clause of the 14th
Amendment. In evaluating A Helping Hand's discrimination claims, Judge Blake, of
the United States District Court for the District of Maryland, noted that the
Bill was unusual in several respects. First, the Bill was passed only fifteen
days after its initial introduction, in contrast to the one to two month process
usually used by County officials seeking to pass new legislation. Moreover, the
County Council voted to make the Bill effective on its day of passage, rather
waiting the usual forty-five days after a bill is passed. On these facts, the
District Court found that Baltimore County violated the ADA, and entered
judgment as a matter of law in favor of A Helping Hand. Baltimore County
appealed.
On appeal, the United States Court of Appeals for the Fourth
Circuit noted that, to be eligible for ADA protection, an individual must be
disabled within the meaning of the act. The ADA defines "disability" as "(A) a
physical or mental impairment that substantially limits one or more of the major
life activities of such individual; (B) a record of such an impairment; or©
being regarded as having such an impairment [whether one actually has an
impairment or not]." The court stated that, although having a drug addiction
constitutes an impairment under the ADA, merely having an impairment does not
make one disabled within the meaning of the ADA. To prove that an individual is
disabled, it must be shown that his impairment substantially interferes with
major life activities, including, but not limited to, an individual's ability to
work, learn, sleep, eat, interact with others, and care for oneself. The court
concluded that an individual who is addicted to drugs can still maintain
legitimate employment and social interactions; thus, it was error for the
District Court to conclude as a matter of law that the clients of A Helping Hand
were disabled under the ADA. The appellate court remanded the case for a new
trial.
In this case, the appellate court rejected the notion that
methadone addicts are per se significantly impaired in one or more major life
activities, and therefore they are not per se disabled. By reversing the trial
court's holding, the appellate court made clear that Plaintiffs alleging
discrimination against drug addicts under the ADA must present significant
evidence tending to show that drug addicts or alcoholics cannot learn, interact
with others, or care for themselves. In Maryland, discrimination law requires
more evidence of a drug addiction to show a significant impairment with an
individual's major life activities.