Philadelphia lawmakers vote to prohibit supervised injection sites in most of the city

Philadelphia City Council voted Thursday to prohibit supervised drug consumption sites across most of the city, greatly imperiling the future of such a facility if the legislation becomes law.

The bill, which passed 13-1 during Council’s first meeting of the fall session, now heads to the desk of Mayor Jim Kenney, who has endorsed supervised drug consumption sites as a strategy to prevent overdose deaths. A spokesperson for his administration said this week that he remains supportive.

It may not matter if he rejects the bill — it passed with an overwhelming, veto-proof majority.

The passage marked the latest blow to a yearslong effort to open a site in Philadelphia that would allow people to use drugs under the supervision of clinicians. Those in favor of the facilities say they prevent drug-related deaths, which reached a high point in 2021 when 1,276 people in the city fatally overdosed.

But efforts to open a site have been stalled by litigation and opposition from elected officials and residents.

Activists flooded Council chambers Thursday to speak on the bill, including nurses, civic association leaders, people in recovery, and a state senator. The Council meeting became raucous at times, with dozens of people on both sides of the argument clapping, cheering, and heckling speakers with whom they disagreed.

» READ MORE: What would the anti-supervised drug consumption site legislation do?

Councilmember Quetcy Lozada — whose Kensington-based district is the epicenter of the city’s opioid epidemic and home to one of the nation’s largest open-air drug markets — drafted the bill and said the majority of the people who argued against it do not live in the communities most affected.

“It is disturbing to me that they think that their voices should be heard louder than those who walk those streets every day,” she said.

At-large Councilmember Kendra Brooks, of the progressive Working Families Party, was the only member who voted against the bill, saying it “offers no hope for the countless people who are praying for their loved ones to live long enough to make it to recovery.”

Lozada’s legislation would update the zoning code to designate supervised drug consumption sites as a prohibited use in nine of the city’s 10 Council districts. West Philadelphia’s 3rd District, represented by Democrat Jamie Gauthier, was the only district not included.

Because Council adheres to a powerful tradition called councilmanic prerogative, each district Council member could opt to include his or her district in the zoning change. Gauthier said in a statement that residents should “decide for themselves whether they want life-saving overdose prevention centers in their neighborhoods.”

She did not cast a vote Thursday because she was out of town on a family matter.

» READ MORE: Philly Council rejects Mayor Kenney’s attempt to open a door to recreational marijuana sales

Lozada argues that her bill is not a ban, but is meant to force an operator to meet with community groups before opening such a site.

An entity trying to open a facility could still seek special permission from the Zoning Board of Adjustment but would have to present plans to neighborhood organizations first. The community group would then vote on the proposal, which the zoning board would consider alongside the position of the Council person, when making a ruling.

Applicants who go before the board and are facing opposition can see their cases drag on for years.

Ronda Goldfein, the vice president of Safehouse, the nonprofit that has been embroiled in litigation over its efforts to open a site in Philadelphia, said it “will do what’s necessary” and is committed to addressing community groups’ concerns.

“This is not us against Harrowgate or Kensington,” Goldfein said. “The onus is on City Council to do the right thing for Philadelphia. Today’s effort is not the right thing for Philadelphia.”

Several Council members said community groups in their districts are vehemently opposed to supervised drug consumption sites. Mike Driscoll, who represents parts of Northeast Philadelphia and the Riverwards, said constituents have told him: “No way, no how.”

“We need to put these folks into compassionate, long-term care and get them on the road to recovery,” he said, “not postpone the inevitable.”

Others said they aren’t outright opposed to the facilities, but voted for the legislation to ensure community input. At-large Councilmember Isaiah Thomas said it was “an easy vote.”

“Imagine if the mayor decided that the Sixers arena was going to happen, with no community input,” Thomas said. “People would be up in arms.”

Council’s vote came as the political environment had already jeopardized the future of a supervised drug consumption site in the city. Democrat Cherelle Parker — who is heavily favored to win the November mayoral election — strongly opposes the sites.

She said in a statement Thursday that the vote “protects people and communities against a policy disconnected from the people and neighborhoods in our city.”

The Republican-controlled state Senate has also advanced a bill to ban supervised drug consumptions sites statewide. State Sen. Nikil Saval, who represents parts of Center City and South Philadelphia, voted against that legislation and testified against the Council bill Thursday.

» READ MORE: The 76ers are pushing back the timeline for winning over City Council on a Center City arena

He cited studies of existing facilities that show patients who use them are more likely to enter recovery, saying “opposition to these lifesaving spaces is based on a misunderstanding of how they operate.”

Elise Schiller agreed. Her daughter, Giana, died of a heroin overdose in 2014 while she was at a treatment center. Schiller, of Germantown, has since written a book and advocated for improving the drug treatment system that she says failed her daughter.

“The emphasis needs to be on saving people until we can urge them to get into recovery,” she said. “They’re not going to get into recovery if they’re dead.”

She added: “Living without my daughter for 10 years has been hell.”