Dec 19, 2014 2 min read

A medically assisted drug-treatment program is suing Washington City Council and the city’s code enforcement officer after being denied a zoning permit to open a new treatment facility at 50 E. Wylie Ave. in Tylerdale.

According to the lawsuit filed Thursday in the Washington County prothonotary’s office, Echo Treatment Center was denied a zoning permit Oct. 28 after city code enforcement officer Ron McIntyre said it was “illegal” to operate the methadone treatment center at 50 E. Wylie because it was within 500 feet of a preschool and church. McIntyre also denied the permit on grounds that only the landowner could apply for it and the center must be licensed with Pennsylvania Division of Drug and Alcohol Programs prior to obtaining the permit.

Co-owners John Moschetta III and Anson Zacour, according to their attorney Dennis Paluso, are attempting to open a new treatment facility in the area and “help people who are addicited.” They started the process in September and entered into a letter of intent with MLM Enterprises to lease two suites at the address. The lease is contingent upon zoning approval.

Paluso said his clients presented McIntyre with a complete Zoning Board of Adjustment application and a check for $375 Oct. 28, which he refused to accept.

McIntyre also informed the men the city fire chief and Jerry Coleman, the building zoning code officer, would deny their occupancy permit for failing to obtain his approval, court documents said.

Paluso claims the medically assisted drug-treatment program is permitted in a general business district, and McIntyre’s rejection is discriminatory under the Americans with Disabilities Act and the Rehabilitation Act.

He also argues his clients should have been provided with a written denial, and McIntyre should have accepted their check and paperwork.

Without the approval, the center is unable to receive licensure from Pennsylvania Department of Health. They also will be unable to operate at a cost that is economically feasible, Paluso said.

Moschetta and Zacour are seeking unspecified damages and costs.

McIntyre was out of the office Friday. Washington Mayor Brenda Davis referred questions to the city’s solicitor, Jack Cambest, who said he did not receive a copy of the complaint and declined comment.