Philadelphia bans supervised injection sites in most of the city after City Council rejects Mayor Jim Kenney’s veto

Philadelphia City Council voted Thursday to reverse Mayor Jim Kenney’s veto of a bill that prohibits supervised drug consumption sites in most of the city, making the legislation law and delivering a blow to the yearslong effort to open a facility.

A day after Kenney rejected the legislation, which he referred to as “anti-science and misleading,” Council voted to override his veto, 14-1.

The law takes effect immediately and changes the city’s zoning code to designate supervised drug consumption sites as a prohibited use in nine of the city’s 10 geographic Council districts. Because district Council members have wide latitude to make land-use decisions about their districts, each member could opt to have his or her district included in the legislation.

The district not included is West Philadelphia’s 3rd District, which is represented by Democrat Jamie Gauthier. Still, Gauthier voted in favor of the prohibition Thursday, saying she “respects the right of [her] colleagues to legislate zoning in their districts.”

Only Councilmember Kendra Brooks, of the progressive Working Families Party, voted against the veto override.

The passage throws into question the possibility of a supervised drug consumption site opening in Philadelphia after years of controversy and as the city continues to grapple with the opioid epidemic and a record number of drug overdoses. The vote came just days after city health officials announced that 1,413 people died of drug overdoses in Philadelphia last year, more than ever before.

Advocates say the sites prevent fatal overdoses by giving people a place to use drugs under the supervision of a health provider. But they already faced a souring political environment prior to this month’s Council votes. Lawmakers in Harrisburg advanced legislation to ban drug consumption sites statewide, and Kenney will likely be replaced in January by Democrat Cherelle Parker, who strongly opposes the facilities.

And Safehouse, the nonprofit that has sought to open a supervised consumption site in Philadelphia, remains entangled in federal litigation over the legality of such a site.

» READ MORE: Mayor Jim Kenney vetos bill that prohibits supervised injection sites in most of the city

City Councilmember Quetcy Lozada, whose district includes Kensington and one of the largest open-air drug markets on the East Coast, championed the legislation and argues it does not ban supervised drug consumption sites because operators can apply for special permission from the city’s Zoning Board of Adjustment to open one.

Obtaining that permission would require they first go through neighborhood-based civic groups, which in Lozada’s district have been vehemently opposed to opening a site where people can use drugs under supervision.

Civic groups would then vote on the proposal, and their vote — along with the position of the district Council member — would be considered by the Zoning Board before it rendered a decision. The process, especially when opposition exists, can take years.

Kenney, who has for years endorsed the idea of establishing a facility in the city, said in a statement that the legislation “is clearly designed to ban overdose prevention centers” and “it is obvious from the remarks today that most proponents of the legislation simply do not want OPCs in their districts.”

“I am frustrated that my colleagues will not let our city lead other communities in implementing public health policies that, again, are saving lives, reducing public consumption, and reducing dangerous litter in other cities around the world,” he said. “This is a public health crisis and not a question of public opinion.”

Lozada said Kenney has failed to implement policy that effectively addresses the drug crisis in Kensington, and said the mayor should “remember that those overdoses that have occurred in the last eight years are his responsibility.”

”This Council had to make a tough decision today, and I appreciate the fact that we stuck together and that ultimately we responded to the people that we represent,” Lozada said. “This is what leadership looks like: making decisions that are not popular and that are difficult, but necessary.”

The Kenney administration pushed back on Lozada’s characterization and a spokesperson said the mayor has taken “unprecedented action” to address the opioid crisis, including establishing an Opioid Response Unit that meets regularly with neighborhood leaders.

» READ MORE: How councilmanic prerogative works in Philadelphia

Several Council members cast their decision to vote in favor of the legislation as a way to involve their constituents in the decision-making process. Councilmember Mark Squilla, whose district includes parts of South Philadelphia and Center City, said the legislation gives constituents “the ability to have input in selecting these sites.”

He said opposing that is “basically saying ‘we know better than you do in your neighborhood, we know that you shouldn’t have a say because it’s going to make it harder to do this.’”

There are two supervised consumption sites currently operating in the United States, both in New York. Staff in New York say that, since their opening in November 2021, they have intervened to treat more than 1,000 overdoses.

Advocates for supervised drug consumption sites spoke in City Council on Thursday before the vote and cited those figures. Several slammed Council members for their votes.

“For you to sit here and say ‘No, we will not do it,’ even though the science proves that it works, is mind-blowing,” said Moses Santana, an activist from Kensington. He added: “We will organize to remove you. Democrats who are voting like Republicans. We will vote to remove you. I promise you.”