PORTSMOUTH – Portsmouth City Council has voted to table the third reading of an ordinance that would update the City’s zoning laws. Current zoning laws were established in the 1940s.

Jay Hash (CEO of HopeSource) and Tim Cole (Attorney for the Counseling Center) attended Monday evening’s meeting and spoke out against to sections of the zoning code and proposed amendments, including one that would limit new addiction treatment and housing to the Industrial Flex zone of Portsmouth.

“I am opposed to parts of the zoning code, specifically the amendment (Councilman) Andy Cole put forth,” said Hash. “Hopefully, that will not be put forward tonight or any night. It would put addiction care in the industrial and flex zones outside the main corridor of Portsmouth. It is inappropriate and puts places like us that provide legitimate healthcare on the outskirts of town…it’s extremely important we have treatment and it be visible so people know where to go for help.”

“It’s discriminatory.”

Counseling Center representative Tim Cole said the amendment is contrary to federal law.

“TCC asks this council to do one thing: follow the law,” said Cole. “To date, the city’s proposed zoning code does nothing to thwart current addiction treatment providers that seek profit rather than providing treatment. The zoning code, if passed as written, would allow those treatment providers to continue to conduct service as usual. In the meantime, reputable providers that have helped countless individuals and put millions of dollars back in the community would be prevented from opening new facilities unless granted a golden ticket because it only allows 1 treatment facility per 15,000 residents and must locate among the outskirts of the city.”

“These restrictions not only fail to address the problem they are contrary to law.”

Cole explained that the Sixth Circuit Court of Appeals struck down a similar code passed by Covington, Kentucky because it violated the Americans with Disabilities Act.

“When you apply these court cases, you must remove the 1 in 15,000 restriction and reject Councilman Cole’s proposal to hide addiction treatment in the shadows of Portsmouth in the Industrial Flex Zone…Make things right and be leaders against discrimination.”

After discussion, council agreed to remove the 1 treatment facility per 15,000 resident restriction, decline to include Councilman Cole’s proposal, and added a new amendment that would require proof of certification from facilities.

“We are put in the unenviable position of creating legislation without data in front of us,” said Mayor and 1st Ward Councilman Sean Dunne. “This is the most discussed item of my time on council…this is the topic I have met with the most people about, and their experiences have helped inform this legislation. We’ve gotten to this point. It’s not been a linear path…but this is what democracy looks like. It is not a linear closed door session. We’ve invited views from different perspectives…but we are nearly there.”

Council agreed to table the ordinance until the next council meeting in order to give City Solicitor John Haas time to review it once more.

“This town has had a history of one large industry,” said 2nd Ward Councilwoman Charlotte Gordon. “We’ve had shoes. We’ve had steel. And we’ve had the challenge of changing and amending our charter to fit these industries.”

“We are charged with fixing the problems that come with addiction. We have a city that needs to live together, its residents and this commercial industry and everything it brings. We have all worked hard on this as a council. We are on the 1-yard line. I feel really good about what we are doing and what we are changing. I hope, very soon, we can pass zoning because the city has not seen new zoning since World War II.”

The next city council meeting will be held on Monday, December 12th at 6PM in the City Building.

“It’s been a nightmare dealing with the old zoning code,” said Solicitor Haas. “It’s so outdated. I’m thrilled to see the light at the end of the tunnel.”