COVINGTON — City officials discriminated against a company that tried to open a methadone clinic to treat heroin and other opiate addicts, a federal appeals court ruled Wednesday.

        The 6th U.S. Circuit Court of Appeals in Cincinnati ruled in favor of MX Group Inc., upholding U.S. District Judge William Bertelsman's September 2000 ruling in favor of the Pittsburgh-based firm.

        MX Group said Covington refused to issue a zoning permit so it could open a treatment clinic in an area zoned for commercial use, then amended Covington's zoning ordinance to prevent the clinic from opening anywhere in the city.

        That violates company rights under the Americans with Disabilities Act, MX Group said, by discriminating against the company because of its association with potential clients disabled by their addictions.

        MX Group's applications in 1997 and 1998 for a permit to open the treatment clinic prompted opposition by many Covington residents.

        City Commissioner J.T. Spence said he was disappointed in the Wednesday decision because it supports the idea that a clinic can open where the cheapest land is available and not where the need is the greatest.

        “I don't believe they have any concern for the community they locate in,” Mr. Spence said. “I might sound callous, but I don't have any faith in their motivations. The first location they wanted to locate (near) was an elementary school.”

        Mr. Spence was the chief city planner when the methadone clinic was proposed. He has been a commissioner since 1999.

        Covington attorney David Davidson represents MX Group.

        “It is the city that can't seem to comprehend that profit-oriented groups can be a benefit to people who have a disability because of an addiction,” Mr. Davidson said Wednesday. “It is like saying the Betty Ford (Center) shouldn't be in business because it is a profit-oriented group. That is crazy.”

        He said a surge in heroin and OxyContin abuse in the Tristate is proof there is a need for the type of service his client provides.

        Methadone is a synthetic narcotic used to treat chronic drug addiction to opiates such as heroin and the prescription drug OxyContin.

        Mr. Davidson said there are seven or eight methadone clinics operating in Kentucky, but none north of Lexington and Louisville.

        MX Group, which also operates a clinic in Erie, Pa., now plans to open a clinic in Covington, Mr. Davidson said — and also will seek lost profits for nearly five years.

        City Solicitor Jay Fossett referred questions to attorney Steve McMurtry, who was out of town Wednesday and couldn't be reached for comment.

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