The Intersection of Harm Reduction and Zoning Law: A Growing Divide Between NIMBYs and Public Health Initiatives
Year: 2022
Type: article
Abstract: Walking into Fayette County's courthouse in eastern Indiana, one would expect to find the normal sights and sounds of a courthouse-attorneys preparing for trial, clerks assisting individuals, and judges in their chambers.However, the Fayette County courthouse offers something found in only nine of Indiana's ninety-two counties: a syringe exchange program ("SEP"). 1 Located in the courthouse's basement, this program offers vital services to people fighting substance use disorder, such as clean needles, needle disposal, HIV and hepatitis C testing, naloxone to prevent overdose death, fentanyl test strips, immunizations and medical care, and referrals to drug treatment centers. 2 Programs such as Fayette County's SEP only became legal in Indiana in 2018, following the passage of Indiana House Bill 1438, which allows a county to create a SEP. 3 Even with a legal path to the creation of SEPs, only nine counties in Indiana now operate such a program.4 Although considerable progress has been made in Indiana to reduce the harm of substance use disorder, there are still counties unwilling to provide individuals with these life-changing and lifesaving services. A. The Issue: Zoning Boards Bending to the Will of NIMBYsNIMBYism is a powerful attitude within communities.Standing for "Not In My Back Yard," NIMBY denotes a local effort to oppose changing the status quo within the locale.5 It often rears its ugly head in opposition to social justice initiatives such as public housing projects or drug treatment facilities.6 Too often, NIMBYs can influence a community's decisions and sway public opinion, proving detrimental to initiatives aiming to better a community.SEPs and other types of harm reduction sites have been the victims of * J.D. Candidate, 2022, Indiana University Robert H. McKinney School of Law; B.B.A., 2019, Grand Valley State University.A special thank you to Professor Aila Hoss and Professor
Source: Indiana Health Law Review
DOI: 10.18060/26414
Author: Gavin P. Hunter
Language: English
Topic: HIV, Drug Use, Sexual Risk
Subfield: Epidemiology
Field: Medicine
Domain: Health Sciences
Open Access status: diamond
OpenAlex ID: W4285044783