Judge won't stop Holyoke needle exchange program

SPRINGFIELD, Mass. (WWLP) - Holyoke’s controversial needle exchange program will continue, at least for now.

On Wednesday, Superior Court Justice Richard J. Carey denied a request by members of the City Council that he shut the program down, while a lawsuit against Mayor Alex Morse and the Holyoke Board of Health continues.

Morse and the Holyoke Board of Health gave their approval to the program back in July, and the state Department of Public Health also approved the plan. The City Council, however, has rejected needle exchange proposals in the past, and contends that state law requires their approval before any such program can be put into place.

In his ruling, Carey acknowledged that the Council has a strong chance of winning their overall case in court, but found that it would be against the public interest to terminate the program before a final decision has been made.

“If the court were to shut down the needle exchange program now, only to have it ultimately determined, after a full hearing on the merits, that the program was instituted properly, it would unnecessarily result in a significant disruption to the orderly operation of the program and thereby harm the public interest underlying the program itself,” Carey wrote.

Needle exchange programs have been controversial nationwide, with supporters contending that they reduce the risk of spreading blood-borne diseases like HIV and Hepatitis C. Opponents, however, say that they set a bad example by using government funds to allow people to continue to use illegal drugs.

The suit was brought by the Holyoke City Council as a whole, and individually by Councilors Kevin Jourdain (the Council President), Daniel Bresnahan, Todd McGee, Brenna McGee, Joseph McGiverin, James Leahy, Anthony Soto, and Linda Vacon. The defendants are Holyoke Mayor Alex Morse, Robert Mausel, Katherine Liptak, Patricia Mertes, and Tapestry Health Systems, which runs the program.