Lawsuit Filed in West Suburban Drug Rehab Clinic Dispute
The City of Berwyn, Illinois, has been named defendant in a federal civil rights lawsuit alleging that its city officials violated federal anti-discrimination laws by refusing to permit the opening of a substance abuse clinic. Elizabeth Buonauro and The Bobby Buonauro Clinic claim in the suit that Berwyn has run afoul of the Americans with Disabilities Act and other federal civil rights laws.
According to the suit, filed on November 21, 2008 in the U.S. District Court in Chicago, the Berwyn zoning authorities unanimously approved the proposed substance abuse clinic and the City Council also approved it. Then, after a "personal and political crusade" orchestrated by Berwyn Mayor Michael A. O'Connor to organize community opposition, the City Council reversed its decision and rejected the substance abuse clinic proposal. The suit accuses the city and its officials of discriminating against the addicted persons to be served by the clinic, who are considered "disabled" under federal law.
The Bobby Buonauro Clinic is certified by federal authorities, and has operated a substance abuse treatment facility in Evanston since 2002. Their federally regulated program includes methadone maintenance treatments for heroin addicts, under a physician's care. "Methadone has to be the most strictly regulated medication in America today," according to Clinic Director, Elizabeth Buonauro. "Our Evanston clinic has operated for years, without creating any problems in the neighborhood. Most of our patients are working people. People don't understand that our patients don't 'get high' from methadone. The methadone program helps them lead normal lives."
"This case presents a real injustice," according to attorney Robert A. Carson of Gould & Ratner LLP, who represents Ms. Buonauro in the suit. "The City Council was influenced by this huge public outcry, which was driven by fear and a lack of understanding of what it is that my clients do, which is to help people that need help."
The lawsuit requests a declaratory judgment stating that the City Council's vote reversing itself is invalid, and an injunction compelling the City of Berwyn to issue a business license for the substance abuse clinic. The suit also seeks damages, including punitive damages of one million dollars.
The case is being reported by the Chicago Tribune, see: http://www.chicagotribune.com/news/local/chi-berwyn-methadone-26nov26,0,2580340.story
and the Suburban Life, see: http://www.mysuburbanlife.com/berwyn/news/x596316678/Owners-of-methadone-clinic-sue-Berwyn
