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                               Yesterday's Board of Commissioners meeting.

PREVIOUSLY:

• Brookings City Councilors to Discuss Proposed Fuel Tax Measure, Safe Injection Sites Ban
• Curry Commissioner Suggests Ordinance Prohibiting Needle Exchange Programs on Eve of Behavioral Health Resource Network Grant Application Deadline; Chair Herzog Brought to Tears

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The Curry County Board of Commissioners unanimously voted at yesterday’s meeting to begin drafting an ordinance that would ban “safe injection sites,” and “supervised drug consumption facilities” in the county after the U.S. Department of Justice stated in February that it may shift to permitting such sites under the Biden administration.

The plan was approved nine days after the Brookings City Council drafted a similar ordinance, which Curry Commissioner Chris Paasch referenced as a blueprint for what the County ordinance could look like.

“I would like to look at moving in step with the homeless ordinance that the City of Brookings is working on right now, the language they’ve used in that, and ask the County Counsel to look at that language and conform that language to Curry County as an ordinance, and hopefully get it voted in as a county ordinance,” Paasch said. “I’m asking that the board ban all current or future injection sites for the consumption of any illegal drug, whether it be ingested orally, smoked, injected, or by any other means available.”

While local organizations like Brookings CORE Response and HIV Alliance offer “harm reduction” services like needle exchange programs, overdose prevention education and access to naloxone hydrochloride, a drug used to treat opioid overdose, Brookings CORE Response Executive Director Diana Cooper told the Outpost that these organizations don’t offer “safe injection sites” or “supervised drug consumption facilities.”

“We aren't even close to a supervised consumption site, as we only provide Narcan — though we will be expanding some of that,” Cooper said. “There are no safe injection or use sites in Curry, and there are no plans for that. The current services would not be considered remotely close to that.”

Brookings City Councilmember Ed Schreiber told the Outpost that there are no known safe injection sites currently operating within the County. Schreiber added that he considers the services targeted in the ordinance to be different from needle exchange programs — which offer clean needles to drug users.

However, he expressed disapproval of the “harm reduction” services provided by organizations like Brookings CORE Response.

“Many 'harm reduction' advocates support safe consumption sites, although such facilities rarely lead to treatment or recovery from addiction,” Schreiber said. “It is my personal belief that most Brookings residents do not want substance abusers to migrate to Brookings to perpetuate their addictions. Unfortunately, the Oregon state government has not prioritized treatment and recovery programs for addicts, and has instead promoted 'harm reduction' and 'behavioral health' programs which make it much easier for substance abusers to continue in destructive life patterns. We see the results of these misguided state policies in increasing homelessness and the skyrocketing number of drug overdose deaths in our state.”

Cooper has refuted Schreiber’s opinions on “harm reduction” at past City Council and Board of Commissioner meetings.

“Harm reduction for us means that we’re connecting people to resources — making sure they’re not using dirty syringes,” she told County Commissioners in December. “People are going to inject drugs. That’s probably not ever going to stop in the same way that people probably are not going to stop drinking. The idea is there’s three ways to reduce harm: You can stop the behavior, meaning zero tolerance, you can help people reduce the behavior, or reduce the harm that’s caused by the behavior. What we’re trying to do is reduce the harm.”

The working ordinance also includes a prohibition of “community health engagement locations,” a vague term that could apply to organizations like Brookings CORE Response. This has prompted concerns that the City and County could target “harm reduction” services currently offered across the county. Cooper said that a ban on these services could violate Oregon Senate Bill 755, which mandates that every Oregon county have access to all “harm reduction” services included in Oregon Measure 110.

“Measure 110 requires each county to have certain elements of what they call a ‘Behavioral Health Resource Network,’” Cooper said. “I don't know that a requirement is ‘safe injection’ or ‘use’ sites, but harm reduction is clearly spelled out, and is in fact the foundation of Measure 110, alongside peer services.” 

Schreiber did not provide a direct answer when asked why the City listed a ban on “community health engagement locations,” in its proposed ordinance. The Outpost also reached out to other Brookings council members and County Commissioners about the ordinance. However, Commissioner Court Boice was the only other local official to respond, offering that he could provide more information by the weekend.

The City of Brookings’ latest draft of the proposed ordinance:

ORDINANCE N0.____ AN ORDINANCE OF THE CITY OF BROOKINGS

AN ORDINANCE amending the Brookings Land Development, Title ___ of the Brookings Municipal Code, to impose a prohibition on supervised drug consumption facilities, community health engagement locations, safe injection sites, and other uses or activities designed to provide a location for individuals to consume illicit drugs intravenously or by other means; adding Sections ______ to prohibit supervised drug consumption facilities citywide; providing for severability; and establishing an effective date.

WHEREAS, the US Department of Justice has recently indicated that it may not fully enforce federal law against supervised drug consumption facilities; and

WHEREAS, the City of Brookings does not currently regulate the siting and establishment of supervised drug consumption facilities; and

WHEREAS, residents and business owners within the City of Brookings have expressed concerns about negative impacts to communities resulting from supervised drug consumption facilities; and

WHEREAS, in order to respond to this rapidly emerging policy issue, the City Council expresses a strong preference for prohibiting uses and activities such as supervised drug consumption facilities, which are established and designed to provide a location for individuals to consume illicit drugs intravenously, in the City of Brookings; and

WHEREAS, without adequate regulations and review processes, new supervised drug consumption facilities may locate in areas that would create negative impacts and potential safety issues for the community; and

WHEREAS, the City Council adopts the foregoing as its findings of fact justifying adoption of this Ordinance; now, therefore,

THE CITY COUNCIL OF THE CITY OF BROOKINGS, OREGON, DOES ORDAIN AS FOLLOWS:

Section 1. The City Council makes the following findings and conclusions:

A. The City Council adopts and incorporates the foregoing recitals as findings as if set forth fully herein.

B. The zoning regulations in Brookings Municipal Code Sections ______, _______ and ________ will prohibit new supervised drug consumption facilities from locating or establishing such a use in the City of Brookings.

C. It is in the best interest of the City of Brookings to prohibit supervised drug consumption facilities from locating or establishing such a use the City.

D. The proposed code changes will promote the public health, safety, morals, and general welfare, and it is consistent with the goals and policies of the city’s Comprehensive Plan.

The Brookings Land Development Code is hereby amended to add a new section _______ as follows:

xx.xxx Use Prohibited in all Land Use Districts

Supervised Drug Consumption Facilities (SDCF) designed to provide a hygienic environment where individuals are able to consume illicit drugs intravenously or by other means are prohibited in all Land Use Districts in the City. An SDCF includes all uses established or activities undertaken for the abovedefined purposes, irrespective of how the use or activity is described. An SDCF may also be referred to as a medically supervised injection center, community health engagement location, supervised injection site or facility, safe injection site, fix room, or drug consumption facility.

Section 2. Severability. If any section, subsection, paragraph, sentence, clause, or phrase of this Ordinance is declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining parts of this ordinance.

Section 3. Effective Date. This Ordinance shall take effect and be in force ___ (__) days after adoption and legal publication.

 

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