GRANT PARK NEIGHBORHOOD ASSN. ADVOCATES v. STATE DEPT. OF PUBLIC HEALTH

No. C095659.

94 Cal.App.5th 478 (2023)

311 Cal. Rptr. 3d 870

GRANT PARK NEIGHBORHOOD ASSOCIATION ADVOCATES et al., Plaintiffs and Appellants, v. STATE DEPARTMENT OF PUBLIC HEALTH et al., Defendants and Respondents; HARM REDUCTION COALITION OF SANTA CRUZ COUNTY, Real Party in Interest and Respondent.

Court of Appeals of California, Third District.

August 14, 2023.


Attorney(s) appearing for the Case

Brereton, Mohamed & Terrazas, David J. Terrazas , Gabrielle J. Korte and Aaron J. Mohamed for Plaintiffs and Appellants.

Jason M. Heath , County Counsel (Santa Cruz), John B. Nguyen , Anthony N. Corso , Assistant County Counsel, and Brad Stephens , County Counsel (Butte), for Counties as Amici Curiae on behalf of Plaintiffs and Appellants.

Atchison, Barisone & Condotti, Anthony P. Condotti , City Attorney (Santa Cruz); Logan & Powell, Kirsten Powell , City Attorney (Scotts Valley); Burke, Williams & Sorensen, Samantha Zutler , City Attorney (Watsonville); Jones & Mayer and James R. Touchstone for City of Santa Cruz, City of Scotts Valley, City of Watsonville, California Police Chiefs Association, California State Sheriffs' Association, California Peace Officers' Association and League of California Cities as Amici Curiae on behalf of Plaintiffs and Appellants.

Rob Bonta , Attorney General, Cheryl L. Feiner , Assistant Attorney General, Gregory D. Brown , Kirin K. Gill and Matthew J. Goldman , Deputy Attorneys General, for Defendants and Respondents.

Law Office of Babak Naficy and Babak Naficy for Real Party in Interest and Respondent.


OPINION

Under Health and Safety Code section 121349 (section 121349), the State Department of Public Health (the Department) may authorize an entity to distribute clean needles and syringes to those who inject drugs intravenously. The statute's aim is to...

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