Bay Area Addiction Research & Treatment, Inc. v. City of Antioch

In 1998, Bay Area Addiction Research and Treatment, Inc. (“BAART”) and California Detoxification Programs, Inc. (“CDP”) tried to relocate their methadone clinic to the City of Antioch, California. After BAART and CDP received notice from Antioch that the proposed location could be used for such a clinic under Antioch’s zoning plan, the Antioch City Council enacted an urgency ordinance prohibiting *728 the operation of methadone clinics within 500 feet of residential areas, thereby precluding the use of the proposed site. BAART, individual patients of BAART, CDP, and Dr. Ron Kletter, the executive director of both, (collectively “Bay Area”) brought suit against Antioch pursuant to Title II of the Americans with Disabilities Act (“ADA”), 42 U.S.C. §§ 12131-65 , and § 504 of the Rehabilitation-Act, 29 U.S.C. § 794 , among others. The district court denied Bay Area’s motion for a preliminary injunction enjoining the urgency ordinance. Bay Area appeals, contending that the district court applied the wrong legal test to its ADA and Rehabilitation Act claims and misjudged the irreparability of the harm it would suffer if an injunction did not issue. We have jurisdiction pursuant to 28…