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Courts Kill Atlantic City Needle Exchange
Program Municipal leaders at Atlantic City have been doing all they can to stem the tide of the HIV and AIDS epidemic by allowing intravenous drug users to exchange their dirty needles for clean ones. At every turn, these courageous and caring government officials have been thwarted. Many in the legislature have railed against their effort, accusing them of promoting illegal drug use. The prosecutor in Atlantic County took legal action against them. The governor’s office together with state health officials offer empty rhetoric about supporting the concept, but don’t do so in a way that would really make a difference. Then there are the courts. Most recently a three-judge panel unanimously decided that state law, which says it is illegal to possess needles or syringes, supercedes the Atlantic City municipal ordinance on needle exchange. Even though the unanimous court decision in no way questioned the motives or intent of the Atlantic City initiative, the judges agreed that state law on drug paraphernalia had to be changed in order to allow for needle exchange programs to be made legal. Consider these comments from Judge Stephen Skillman, whose words reflect the unanimous decision; “We recognize that many people believe that needle exchange programs such as the one adopted in Atlantic City serve a vital public interest in reducing the transmission of the HIV virus…without increasing illegal drug use. We also recognize that there are scientific studies supporting this viewpoint. However, Atlantic City and its employees are not exempt from the Code provisions prohibiting the possession, use and distribution of drugs and drug paraphernalia simply because they’ve adopted a needle exchange program for beneficent reasons.” Just think about what these judges are saying. Their conclusion is that the Atlantic City ordinance may in fact save lives, but can’t be enforced because the state legislature refuses to save the lives of these same drug addicts and their innocent children who needlessly contract HIV and AIDS. The way this issue played out is amazing, not to mention disheartening. I’ve written numerous columns on the subject in the hopes that key leaders in state government would just acknowledge what the vast majority of health officials understand, which is that giving clean needles to drug addicts saves lives. Further, as Senate Health Committee Chairman Joe Vitale (D-Middlesex) is quoted as saying in the Atlantic City Press, “The longer we delay, the more lives we lose to dirty needles.” This is insane. New Jersey and Delaware are the only two states in the country that prohibit needle exchange programs or the selling of needles without a prescription. How could 48 other states, including places like Alabama and Arkansas, be ahead of our supposedly sophisticated and progressive government officials? And consider this. According to health officials, more than 50 percent of the state’s 62,000 AIDS and HIV cases are the product of dirty needles. In Atlantic City, one of every 32 blacks has the HIV virus. In the Atlantic City Press, Atlantic City Health and Human Services Director Ron Cash argued that, “Needle exchange is one of the most effective tools that science says we have against AIDS. It’s like taking a pistol from a police officer.” So here’s the deal. Every AIDS Advisory Commission in the past 15 years has recommended to our state’s chief executive that needle exchange programs be put in place on a statewide level. Our last Health Commissioner, Dr. Clifton Lacy, said exactly the same thing. But a few stubborn and frankly confused legislators have blocked this most overdue effort. Assemblyman Joe Penacchio (R-Morris) was overjoyed at the court’s rejection of the Atlantic City needle exchange program, stating, “Why would you give drug addicts needles? What about the liabilities? Beyond that, it’s a moral issue.” You’re damn right, Assemblyman, it is a moral issue and you are on the wrong side of it. How is it moral to continue to allow innocent infants born to intravenous drug users to suffer and potentially die unnecessarily? If you don’t want to protect adult IV drug users, at least do it for these babies. The only hope New Jersey has is that when the new legislature convenes after the first of the year, those who have blocked this effort will be embarrassed into doing the right thing. Remember, the courts don’t think it is wrong to allow free needle exchange. It’s just that it is currently against state law, even if that law makes little or no sense. This is one law that has to be changed on a statewide basis, because any municipal effort to take the initiative and allow free needle exchange will never survive. Steve Adubato, Ph.D. is a commentator, lecturer and former state
legislator. Dr. Adubato is also an Emmy Award-winning television
anchor and syndicated columnist.
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