ROCKLAND – The would-be developers of a methadone clinic filed Thursday for a preliminary injunction in U.S. District Court in Portland, seeking to nullify amendments to Rockland’s zoning ordinance.

The amendments were adopted to block the clinic from opening in the city.

The owners of Turning Tide Inc., Angel Fuller-McMahan of Owls Head and Martin O’Brien of Bath, filed an application at City Hall on Dec. 1, 2004, for a change-of-use permit at a vacant storefront on Park Street the business planned to rent for the clinic.

Community opposition was quick and strong, with residents marching in protest and packing the City Council chambers to urge city government to not allow it to open.

City Manager Tom Hall was unavailable for comment on the injunction request on Thursday.

Earlier this year, Turning Tide filed suit against the city in federal court, claiming the ordinance amendments violated the Americans With Disabilities Act. Thursday’s motion, filed on behalf of Turning Tide by its attorneys, asks the court to roll back the amendments now because there is sufficient reason to believe the developers will prevail when the full case is decided.

The motion argues that the city deemed the application to be complete, and that the clinic use was allowed under the ordinance.

“In brazen violation of federal civil rights law, other federal law and state law, the city of Rockland then enacted retroactive discriminatory zoning [amendments] targeted specifically at methadone clinics and in particular at the Turning Tide project,” the motion says.

The city labeled methadone clinics as a new category of use, that of “sole source pharmacy,” meaning that it would dispense just one drug, methadone. Methadone is used in treating heroin and other opiate addictions. The amendments restricted sole source pharmacies to “a small, expensive and remote rural zone where there are no available or appropriate buildings,” the motion states.

Because the clinic was effectively blocked from opening in the downtown location, Turning Tide’s attorneys argue, “recovering addicts – a class of persons protected as disabled under the Americans With Disabilities Act – remain at serious risk of relapse, and the resulting grave consequences of illegal opiate use.”

Those suffering with opiate addiction, the plaintiffs allege, must travel three or more hours each day to clinics in Portland or Bangor, “and therefore cannot hold normal jobs, provide full child care, or maintain a normal family. All this is the result of the city of Rockland’s decision to enact discriminatory zoning preventing the opening of a methadone maintenance clinic.”

The filing further argues that just as an ordinance “discriminating against facilities used by women or by a racial minority would be struck down under federal civil rights laws, so must a city ordinance discriminating against facilities used and needed by persons with a disability.”

The filing cites several court cases in which such zoning was struck down.

Turning Tide’s filing also argues that the city’s reasons for treating methadone clinics differently from other health care clinics, citing traffic and parking concerns, are disingenuous.

“No evidence was presented that normal retail, commercial and office uses are less parking or vehicle intensive,” the motion says. “The city received not a shred of credible evidence demonstrating any risk of harm stemming from methadone clinics generally – or why the [zone outside the city in which such clinics are now allowed] possesses characteristics that would mitigate any such harm.”

In addition to McMahan and O’Brien, the plaintiffs include three unidentified people: Susan Coe, Ray Doe and Vicki Roe – and Vince McMahan, who would use the services of the clinic, the filing states.

The plaintiffs want the court to issue a preliminary injunction:

. Barring the city from enforcing “the discriminatory ordinance amendments” which they allege violate the ADA.

. Restoring the city’s zoning ordinance that existed before the amendments addressing methadone clinics.

. Ordering the city to process any application filed by Turning Tide “without further discriminatory action.”

The motion for preliminary injunction was filed against the city and John Root in his capacity as code enforcement officer.