The American Civil Liberties Union of West Virginia filed a lawsuit Friday challenging the constitutionality of the new state law that places additional restrictions on needle exchange programs in the Mountain State.
The lawsuit, which seeks an injunction from keeping the law from going into effect on July 9, alleges SB 334 violates both the U.S. and state Constitutions and will essentially eliminate most needle exchange (harm reduction) programs in West Virginia
“If allowed to become law, SB 334 will cost lives and deprive West Virginians of numerous constitutional rights, including due process and equal protection among others,” ACLU-WV Legal Director Loree Stark said in a Friday afternoon news release. “The bill should be declared unconstitutional and stopped.”
The legislature passed the bill on April 10, the final day of the 60-day regular session.
It establishes a licensing requirement for syringe exchange programs with a goal of one-to-one exchange of needles. The bill includes immunity for providers and civil penalties for non-compliance, from $500 up to $10,000. A municipality would have to approve such a program. On the last day of the session, lawmakers added provisions for an ID requirement and a provision that requires any existing provider not offering a full array of harm reduction services to cease offering a syringe exchange program.
“Some feel it’s too restrictive, some not restrictive enough,” Senate Majority Leader Tom Takubo, R-Kanawha, said during one of the session’s final debates on the bill. “There are things inside this bill that I think have high value, not only for West Virginia but for the country.”
But Senator Ron Stollings, D-Boone, a medical doctor, said the bill went too far.
“This is too restrictive in a state that’s experiencing an HIV and Hep C epidemic,” Stollings said.
According to Friday’s lawsuit, “The legislation, to be sure, would have a devastating impact on West Virginia, which is at the center of an HIV crisis. Syringe service programs—often referred to as needle exchanges—are a powerful tool in stemming and preventing the spread of infectious diseases, including HIV, Hepatitis C, and endocarditis.”
The U.S. Centers for Disease Control has had a team on the ground for last several weeks in Kanawha County following a significant increase in HIV case. The team released its preliminary findings and recommendations Thursday. One is for a needle exchange program.
Kanawha-Charleston Health Department Director Dr. Sherri Young told MetroNews Friday there must be some agreement on the issue in order to save lives.
“Hopefully everybody can come to a good, mutual agreement on a safe and effective to treat these individuals and if that includes harm reduction that should be part of the discussion,” Young said.
Kanawha County’s needle exchange program was suspended in 2018. The Cabell-Huntington Health Department voted earlier this week to continue operating its program under the provisions of the new law.
The ACLU-WV lawsuit seeks declaratory and emergency injunctive relief for constitutional violations. Plaintiffs named in the lawsuit include Milan Puskar Health Right in Morgantown.
“This bill is not good for the people of West Virginia,” Laura Jones, Health Right executive director, said in the ACLU news release. “We have a commitment to the participants we serve through our harm reduction program. This bill will prevent us from fulfilling our commitment to use CDC best practices to protect our community from outbreaks of HIV and other infectious diseases.”
The lawsuit was filed in U.S. District Court in West Virginia’s Southern District.