Court ruling blocks Seattle's efforts to create supervised heroin injection sites

SEATTLE - Seattle’s efforts to create a supervised consumption site for heroin users to inject while being watched by a nurse received a setback Tuesday.

In a 2-1 vote, the Third Circuit Court of Appeals ruled a consumption site in Philadelphia could not open because it would violate federal drug laws.

The supporters of opening a site in Seattle are hopeful a Biden administration with a Democratically-controlled Congress will make it easier to open one legally.

In its ruling, US Circuit Judge Stephanos Bibas called the motives by Safehouse, the non-profit hoping to open the site "admirable, but Congress has made it a crime to open a property to others to use drugs.”

Seattle/King County Public Health green-lighted supervised injection sites, known as CHEL’s - Community Health Engagement Locations- three years ago.

But an effort to find a fixed location like the ones in British Columbia run by Insite failed.

An effort to create mobile sites using an RV that can go where needed has also stalled.

In November, the Seattle City Council approved more than $1.1 million to facilitate existing locations that provide services to drug users, like the Aurora Commons in North Seattle, with the staffing to be a consumption site.

The City has been waiting to see how the court would rule in the Philadelphia case before moving forward.

“We were anticipating this could happen," Mayor Jenny Durkan said when asked a question about the ruling during a Tuesday news conference. “This is another wrinkle we are going to have to deal with.”

Seattle City Attorney Pete Holmes, a supporter of harm reduction techniques said, “As cities struggle to respond to overdoses wrought by the opioid epidemic, the ruling is a disappointing one."

Acting Attorney General Jeffrey A. Rosen said in a press release on Wednesday that the Court’s decision re-affirms that safe injection sites are a violation of federal law.

“The Department supports efforts to curb the opioid crisis ravaging this country, but injection sites are not the solution," Rosen said.

But supporters of sites are looking to a change in philosophy with a new administration and a new Congress.

Two years ago, the US Attorney for Western Washington and Trump nominee Brian Moran warned Seattle not to purse a site, saying it violated federal law.

“The direction will be clear, quick and consistent: 'Stop it,' ” he told KOMO News. A spokesperson for Moran and said his attitude toward consumption sites hasn’t changed.

But Moran could be out of a job soon. Traditionally, new US Attorneys are selected by the president, especially when another political party takes over.

Jesse Rawlins of the Yes to SCS coalition is hopeful Durkan will move forward with "authority" to create sites regardless of the court ruling.

He is hopeful the Biden Administration will treat injectable illegal drugs like heroin the way the Obama administration allowed states to allow for marijuana sales.

“I’m hoping there will be sites all across the country," Rawlins said. “The Biden administration won’t enforce different provisions of federal and hopefully with a new Congress, we can have some progressive policy change happen."