SJC strikes down Barnstable attempt to stop needle distribution

Private individuals and organizations can distribute clean, free syringes to intravenous drug users without fear of being punished or shut down by state or municipal authorities, according to a high court ruling that some believe will save lives across the commonwealth.

“Going forward, officials in every city and town in this state must understand that the law supports the most effective methods we have today to prevent the spread of HIV and Hepatitis C among injection drug users,” Andrew Musgrave, director of legal services for the AIDS Action Committee, said in a statement.

The Supreme Judicial Court ruled yesterday that the AIDS Support Group of Cape Cod couldn’t be ordered by the town of Barnstable to stop its syringe distribution program. Justice Barbara Lenk, writing for a unanimous court, found that the program was not barred by state law.

“We do well to note that the town’s position stands in tension with the basic and fundamental legal principle that an activity not prohibited or restricted by law is lawful,” Lenk wrote.

The decision also notes that private individuals are not barred under state law from distributing free hypodermic needles.

Attorneys for Barnstable said the SJC’s ruling will create “absurd” results moving forward. For example, a pharmacist could lose his or her license for selling hypodermic needles to a minor, but a drug dealer could hand out needles for free without facing any penalties, according to Charlie McLaughlin, a town attorney.

“The town argued that such an interpretation would produce an absurd result that cannot possibly have been what the Legislature intended,” McLaughlin said in a statement.

“That will, however, be the result of today’s decision,” he said.

But supporters of the decision argued that Barnstable didn’t like the idea of the program and had no legal justification to shut it down.

“Barnstable put their image as a tourist town above protecting people’s lives. The court saw through that,” said Ben Klein, director of GLAD’s AIDS Law Project. “It is unconscionable to block an effective public health service simply because some in the town may find it unsavory.”