CITY SAYS NO TO NEEDLE-EXCHANGE LOCATION

Zoning Laws Forbid THAT's Proposed Move To The 200 Block Of Seventh Street

ROCKFORD -- The city has decided that a needle-exchange program
cannot open at its intended new location, a building in the 200 block
of Seventh Street, where it would share space with a fair-trade
retail store and Rockford-area ministry.

Leaders of the Total Health Awareness Team (THAT), a nonprofit HIV
prevention organization, received a letter Thursday outlining the
city's position on where the program could operate within the city's
zoning laws. The new location, and the agency's former and
now-condemned location in the 600 block of Seventh Street, are not
included as acceptable homes for the program.

"We knew they'd deny the permit," said THAT Executive Director J.
Bryan Latham. "They did a very complete legal analysis of us as a
research and development facility, saying a research facility isn't
permitted in an area zoned for C-4, but they're misinterpreting THAT.
Just because we say we participate in research, which we do, that
doesn't mean we are not a community outreach program, which we are."

After a five-month delay -- attributed to an incomplete application
by some and political sabotage by others -- the city this week issued
building permits to Rockford Urban Ministries and the fair-trade store.

Interior remodeling on the new building, which the city stopped last
summer because the project didn't have a permit, has resumed. But the
city is clear in its letter -- no needle exchange.

"We're saying no to the needle exchange at the new place because it's
the right answer," said city Legal Director Patrick Hayes. "It's what
our code and ordinances require. ... One of the things this mayor
campaigned on was proper application of our zoning code."

Hayes said he couldn't say why THAT was allowed to operate for
several years in a location just down the street from the proposed
location with the same zoning classification. It doesn't mean that an
improper use should be approved for a new permit, he said.

"The city's previous administration and council may have had a
different approach to zoning laws," he said. "There are ways to bring
this to the council. If an exception to the code is going to be made,
it's important to respect that process and go through the council."

Rockford Urban Ministries and THAT can ask the city for a zoning
variance, ask that the zoning for the building be changed, or move
THAT to an acceptable area. The city says that would be in areas
zoned for industry.

Latham, who is temporarily operating THAT's free needle-exchange and
condom distribution programs out of the new building's backdoor, said
a move like that would defeat the purpose of his program, which is to
meet people on the streets and be a positive influence in their
lives. He said he's referring the matter to legal advisers and isn't
going to stop helping people who need him.

"I don't think it's up to Mayor Morrissey and the new administration
to decide if we're a good thing," Latham said. "I have my cell phone.
If someone needs to know about HIV prevention, I'm going to help them."

Bill Mohr, president of the Midtown District, the business
association that serves Seventh Street, said he's pleased with the
city's decision. Mohr thinks a needle-exchange program works against
revitalization efforts.

"I'm glad to see it turned out in that direction," Mohr said. "I
always felt it was inappropriate to have a needle exchange in that
location. It's a great negative for the redevelopment of the area."