Eureka citizens’ group sends ‘cease and desist’
Eureka citizens’ group sends HACHR and city letter to ‘cease and desist’
by MARISSA PAPANEK, KRCTV
EUREKA, Calif. — A citizens’ group in Eureka sent a “cease and desist” letter to the city and the Humboldt Area Center for Harm Reduction Tuesday. The letter from the group “Eureka Kids Before Needles” threatened legal action unless the city withdrew its authorization of the syringe exchange program and stopped HACHR’s services from continuing.
The letter, dated Nov. 3, accuses HACHR of not being authorized to provide syringe services within the city.
“HACHR is not authorized to provide SEP syringe services in the City of Eureka,” the letter reads. “However, the City of Eureka has administratively and informally given HACHR authorization to provide SEP syringe services in the City of Eureka.”
Those behind the letter claim the city violated California Health & Safety Code 121349 when it reauthorized HACHR in October.
“Such authorization is an abuse of discretion, is in excess of the powers of any individual official of the City, is in violation of the California Environmental Quality Act, is a public and private nuisance; and if criminal activity is expressly authorized, encouraged and committed in violation Health & Safety Code 11364 [and related provisions of H&S Code Div. 10, Art. 4, Chapter 6] the City individuals responsible could be held accountable as accessories,” the letter states.
Bonnie Pinkney formed the group Eureka Kids Before Needles with a few other Eureka residents when they learned HACHR would be reauthorized in the fall.
“We can’t have these people here, this is not an appropriate location to put a drug organization, which is exactly what they are,” Pinkney told North Coast News.
As a homeowner nearby HACHR’s waterfront location, she said she began to notice the negative impacts soon after they moved to their location on Third Street near P Street.
“I noticed the drug dealers hanging around, I noticed different people coming in the neighborhood,” Pinkney said. “Like these weren’t homeless people, these were drug addicts, and because I work in psychiatric and I’ve done some chemical dependency work over 20 years, I know the look between someone that is homeless and just trying to stay out of the rain and cold and somebody that’s just looking to score.”
According to its Gofundme page, the Eureka Kids Before Needles citizens’ group “is dedicated to preserving the health, safety and environment of the City of Eureka, to protect Eureka’s kids and to benefit all generations of Eureka citizens.”
In response to the cease and desist letter, Eureka City Manager Miles Slattery said the city was working on mediation with HACHR, and would be updating its ordinance for syringe exchange programs. He said he hoped this updated ordinance would address the concerns laid out in the letter.
“We’re looking to go through some mediation with HACHR,” Slattery said. “We have a mediator on board, and that mediator has been in contact with the lawyer for the group. We’re going to work through some mediation and hopefully come to a consensus about what’s best for the neighborhood, the city and HACHR.”
Slattery said he expected an updated ordinance would be drafted in time to present it to the Eureka City Council at its Nov. 17 meeting.
“I think the overall intent of this is coming up with a solution for some of the problems and making sure that HACHR can still provide services to those community members who are in need of it,” Slattery said.
Slattery also said it was important for HACHR to continue providing services within the city.
“It’s definitely something our council supports, harm reduction programs, we just want to have local control to make sure that any issues that have come up in the past or could arise in the future are avoided,” he said.
