Mandated Needle Exchange Programs: A Display of Arrogance
Arrogance and Mandates: The Frustrating Reality of the Democrat-Controlled State Legislature
One of the most frustrating aspects of the Democrat-controlled state legislature is its arrogance. Elected officials and their support staff in Sacramento constantly broadcast their belief that they are smarter and more knowledgeable than those in locally elected positions.
But don’t just take my word for it.
Take a look at how they are forcing city councils to build an excessive amount of housing within their city borders. Just ask the city of Huntington Beach how well this is working out for them. They have been left with no choice but to take legal action (see Judge Denies Early Trial in State’s Housing Lawsuit Against Huntington Beach from July 25).
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Another example of Sacramento’s overreach is the requirement for a needle exchange program in the city of Santa Ana, despite the city banning such programs back in 2020 (see Syringe Exchange Program Approved in Santa Ana Despite City Leaders’ Objections from Aug. 17). Here are some selected quotes from the article:
“The Harm Reduction Institute, which offers free opioid reversal medication and overdose training to individuals and nonprofits, received the approval from the California Department of Public Health Office of AIDS, which works with organizations throughout the state to combat HIV and AIDS.
“Now the agency—in collaboration with other nonprofits—is authorized to collect used, dirty needles and deliver clean ones to residents’ homes, RVs, or to homeless individuals that are not near playgrounds or schools, according to an announcement by the city.”
So, are we supposed to believe that if we can’t discourage individuals from opioid dependency, the next best approach is to enable them?
In March of 2019, while serving in the State Senate, I introduced Senate Bill 689 to allow local elected officials to determine if syringe and needle programs would be permitted:
“This bill would … allow the [Department of Public Health] to authorize an entity … only if the city, county, or city and county in which the entity will be operating has adopted an ordinance or resolution approving that authorization or reauthorization.”
We held a well-attended announcement ceremony in front of Orange City Hall, with notable speakers such as Orange County District Attorney Todd Spitzer, then Orange Mayor Mark Murphy, then Anaheim City Councilman Trevor O’Neil, then Costa Mesa City Councilwoman Sandra Genis, and Tamara Jimenez of the Anaheim Lighthouse Treatment Center. Orange City Councilman Chip Monaco also showed his support.
Unfortunately, like Huntington Beach, the only recourse for a city council to stop this unilateral activity is to sue the state, which is not a cheap endeavor.
SB 689 was a response to a judge’s ruling that temporarily blocked a nonprofit from operating a needle exchange in Santa Ana after Orange County officials filed a lawsuit against it. The discovery of needles in library books and incidents of janitors getting poked were also motivating factors behind my efforts.
The goal was to establish a protocol for collaboration and respectful communication between Sacramento and California’s 482 cities, in order to avoid costly litigation. There is nothing more infuriating than watching municipalities sue each other and waste precious tax dollars.
With SB 689, we aimed to give cities a choice. What a concept! District Attorney Spitzer also reminded those in attendance “that most retail chain pharmacies provide needles already.” If you need a needle, you can simply go and get a free one. The effort received significant media attention prior to the first hearing before the nine-member Senate Health Committee.
Local advocates for needle distribution took their case to the public, arguing against the bill in the Orange County Register. They claimed that there was “overwhelming evidence on the efficacy of syringe exchange programs: they decrease the spread of infectious diseases, do not increase drug use or local crime, and often act as an entry point for people who use injection drugs to access healthcare, drug treatment, and resources for their recovery.”
Perhaps these advocates should have presented their arguments to the city council of Santa Ana, where they would have to explain to their constituents why needles are being found by young children and toddlers in public parks. The voters will ultimately decide if the benefits of this strategy outweigh the dangers posed by the resulting hazardous waste. Even in a liberal city like Santa Ana, this argument did not hold water. However, a city council should at least be given the choice and respect the wishes of their residents.
The Harm Reduction Institute was present at the hearing and spoke in opposition. The cities of Anaheim, Orange, and Santa Ana were in support, as were the County, the District Attorney, and the Association of Cities–Orange County, among many others.
The only two Republicans on the Senate Health Committee, Senators Grove and Stone (a pharmacist), voted in support of the bill. It required five votes to pass. Democrat Senators Durazo, Leyva, Monning, Pan, and Rubio voted against it, while Democrat Senators Hurtado and Mitchell abstained.
Once again, the Democrat-controlled state legislature has imposed a mandate on local elected officials. Even in a city like Santa Ana, which is as blue as an Orange County city can be, all its city council members are registered Democrats.
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