NEW DIRECTIONS TREATMENT SERV. v. CITY OF READING

No. 05-4353.

490 F.3d 293 (2007)

NEW DIRECTIONS TREATMENT SERVICES, on its own behalf and on behalf of its patients; Angel Doe; Dan Coe; Joseph Joe; Louis Loe; Carlos Poe; Peter Voe, on their own behalf and on behalf of the class, Appellants v. CITY OF READING; Vaughn Spencer, City Council President, in his official capacity, and City Council Members; Angel Figueroa; George Kerns; Michael D. Schorn; Dennis Sterner; Donna Reed; Jeffrey Waltman; Casey Ganster, In their individual and official capacities.

United States Court of Appeals, Third Circuit.

Filed: June 15, 2007.


Attorney(s) appearing for the Case

Michael Churchill, Barbara E. Ransom (argued), Public Interest Law Center of Philadelphia, Philadelphia, PA, for Appellants.

Steven K. Ludwig (argued), Fox Rothschild, Philadelphia, PA, for Appellees.

Before: SMITH and ROTH, Circuit Judges, and IRENAS, District Judge.


OPINION

SMITH, Circuit Judge.

This case presents the familiar conflict between the legal principle of non-discrimination and the political principle of not-in-my-backyard. New Directions Treatment Services, a reputable and longstanding provider of methadone treatment, sought to locate a new facility in the City of Reading. A Pennsylvania statute that facially singles out methadone clinics gave the City of Reading the opportunity to vote to deny the permit...

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