PHILADELPHIA (KYW Newsradio) — When a federal judge on Wednesday dismissed a lawsuit from Safehouse, which had been seeking permission to operate a medically supervised drug consumption site in Philadelphia, it delivered a serious setback to the nonprofit.
After the U.S. Court of Appeals for the Third Circuit confirmed that Safehouse could be criminally prosecuted if it opened a facility where people with addiction could use drugs under medical supervision, Safehouse counter-sued, claiming a First Amendment right to operate as a matter of religious principle to preserve life.
Judge Gerald McHugh rejected Safehouse’s argument, writing that he is persuaded the nonprofit is not a religious entity, and he dismissed the case.
Safehouse Vice President Ronda Goldfein said she was disappointed.
“We respectfully disagree. We think Safehouse has a right to exercise its religious beliefs by saving the lives of people in need,” Goldfein said.
“We’ve been fighting a lawsuit for five years — and in that time, 6,500 people have died. And we’re trying to provide relief.”
The U.S. Attorney had no comment. The case was brought by her predecessor.
But the decision was good news for City Councilmember Quetcy Lozada, who represents Kensington, where neighbors feared the facility would have been located.
“I am very pleased that the government has made the decision that it made,” she said. “It’s something the residents have been adamantly against, so I think today is a very good day for the residents of Kensington.”
The decision also relieves one headache for Mayor Cherelle Parker, who opposes the sites. She says she believes in harm reduction but doesn’t believe it’s a complete answer.
“We’re going to be focused on prevention, intervention and enforcement, long-term care, treatment and housing,” Parker said.
Goldfein says Safehouse is still considering its options, including an appeal to the Third Circuit court.