November 22, 2002
Advocates who say the programs have become a crucial means of reducing HIV among addicts hailed the ruling. The city was considering what action it might take in light of the ruling.
New York, like other states, had carved out an exception to its drug paraphernalia laws to allow addicts registered with the programs to carry syringes without being arrested. "It would be bizarre," District Judge Robert W. Sweet wrote, "to conclude that the legislative intent was to permit the creation of needle exchange programs in order to remove dirty needles, while at the same time frustrating that goal by making the essential steps of participation criminal."
One of the plaintiff's lawyers, Corinne A. Carey of the Urban Justice Center, said the ruling "is telling the police department that even though people are drug users, they still have a right to protect their own health and the health of their community." Daliah Heller, executive director of CitiWide Harm Reduction, which runs a needle exchange program in South Bronx, said the ruling would help prevent the spread of HIV "because people won't have fear, we hope, once we get the word out on the street, of carrying used syringes with them."
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Excerpted from:
New York Times
11.21.02; Benjamin Weiser