CHARLESTON, W.Va. — A federal judge on Monday issued a temporary restraining order stopping a new law affecting needle exchange programs from going into effect next month.
The order from Judge Robert Chambers of the U.S. District Court for West Virginia’s southern district came after the American Civil Liberties Union’s West Virginia chapter requested such action ahead of the law going into effect July 9. Chambers requested a preliminary injunction hearing for July 8, in which the court will then consider possibly issuing a preliminary injunction.
Gov. Jim Justice signed related legislation in April following this year’s regular legislative session. The law would require syringe exchange programs to be licensed with the intent of having a one-to-one exchange. Participants would also need an identification card to receive syringes, and organizations would have to have multiple alternative services such as prevention education and substance misuse treatment referrals.
The ACLU chapter last Friday filed a lawsuit on behalf of Milan Puskar Health Right in Morgantown and three other plaintiffs with the argument the statute goes against the United States Constitution and West Virginia Constitution.
“We’re encouraged by this decision from the court,” ACLU West Virginia legal director Loree Stark said in a statement. “This harmful, constitutionally flawed bill should never be allowed to take effect. Harm reduction saves lives.”
During Monday’s “MetroNews Talkline,” Stark said organizations offering syringe services may not understand how to operate under the law without facing penalties. She added some programs could operate under the state law, but other groups could face challenges in following rules without being fined up to $10,000.
“Our argument is that it’s not fair at all,” she said.
“The morning that a syringe-service program — harm reduction program director wakes up to see if they’re going to be able to start services that day, that’s the day they’re going to know what will or won’t violate the law,” Stark also noted. “They’re not getting noticed.”
The ACLU chapter and health advocates are additionally concerned about the law’s timing; officials with the U.S. Centers for Disease Control and Prevention recently finished an investigation about the rise in HIV cases in Kanawha County and the connection to people who inject drugs. Investigators last week released preliminary findings noting gaps in treatment options as well as low access to sterile syringes and regular HIV testing.
“We know that these programs work,” said Dr. Robin Pollini, an associate professor at West Virginia University’s School of Medicine. “I’ve been doing this for a long time. I can’t think of any other evidence-based public health programs that we require that kind of public approval for.”
Pollini said during an appearance on “MetroNews Talkline” there can be some standard rules, yet local health boards also need flexibility to address community concerns.
“We have mobile units in some of our more rural areas of West Virginia because of transportation issues. It’s not at all clear if those mobile units would be able to continue under this law,” she explained.
“The second thing is that you should not have uniformity at the expense of effectiveness. If we have a law that directly conflicts with what the CDC tells us and science tells us is the most effective way to run these, then we have a problem.”
The state has until Friday at noon to file a response to the temporary restraining order. Plaintiffs can submit a reply before noon on July 6.