When it comes to expanding access to addiction treatment, it’s crucial for providers to understand their legal rights under the Americans with Disabilities Act (ADA) and the Rehabilitation Act. The anti-discrimination provision of these laws prohibit zoning decisions by local governments that discriminate against drug and alcohol rehabilitation programs, the clients of which are “qualified individuals with a disability.”
The ADA and the Rehabilitation Act prohibit local governments from:
- Making zoning or siting decisions that discriminate against individuals with disabilities.
- Selecting facility locations in ways that exclude, deny benefits to, or otherwise discriminate against individuals with disabilities.
- Enforcing ordinances or regulations that treat treatment centers differently from other healthcare facilities.
Additionally, a city’s refusal to provide reasonable accommodations—such as a variance or zoning modification that allows a treatment facility to operate—is also discriminatory under federal law.
How this pairs with outreach:
As explained in Rebecca Simpson’s recent blog post, early outreach to elected and community leaders can clear up misconceptions and build allies. Additionally, by explaining these legal principles in plain language to council members, community development staff, and law directors, providers can help ensure that local officials fully understand their legal obligations – creating a foundation for cooperative, well-informed decision-making.
If a dispute still arises, providers can move from engagement to assertive advocacy—using their knowledge of the law and, when necessary, the courts to protect their rights while keeping the focus on timely access to care.
Rebecca Simpson is an attorney and seasoned government and public affairs strategist at Finney Law Firm. If you need support with community engagement, coalition building, or advocacy at the state or local level, you can reach her at Rebecca@finneylawfirm.isoc.net.
