Letter to the Editor: Fiola's opposition to SSTAR project risky, misguided and transparent

State Rep. Carole Fiola has submitted a slanted and blatantly incorrect Letter to the Editor to The Herald News regarding the present effort by SSTAR to construct and operate a health and entreat facility that will directly address the health and education needs of an unfortunately large segment of the disabled (addicted) population of the city of Fall River. SSTAR has functioned productively and successfully in servicing those needs in the city for over four decades. SSTAR's existing facilities are a credit to the city and SSTAR has touched the lives of thousands of Fall River's citizens for many years.

Fiola's letter refers to the proposed new SSTAR facility as a "third methadone clinic and treatment facility." That characterization belies the fact that the proposed facility will devote approximately 1 percent of its physical space for methadone maintenance treatments. In fact, the clients who will be treated with methadone will also be required to attend three hours daily of education and counseling as a condition at the onset of their treatments. Most of the methadone maintenance finished by SSTAR will continue in its other Fall River location where, historically, the city has experienced no problems with methadone operations. problems with methadone operations.

SSTAR's $13 million project, on the site of the former Weaver Cove Mill, has no proximity to residential uses in the city. It is part of the waterfront urban renewal district, with several industrial uses abutting its 3-acre site.

Fiola writes of her "deep understanding as to how this issue (opioid addiction) is impacting society, families and our community." Despite such braggadocio, or notwithstanding it, Fiola vigorously opposes the SSTAR project "and its impact on the city of Fall River." Fiola should pay closer attention to Fall River's recently filed Superior Court lawsuit against Purdue Pharma which recites in a 131 page Superior Court complaint that the number of individuals in Fall River presently seeking treatment for opioid addiction reflect "a surge of prescription opioids" disbursed within Fall River and that "so far in 2018, hundreds of Fall River residents have experienced opioid related overdoses" including 82 opioid overdoes in January, 87 in March, and over 100 overdoses in May. The court complaint goes on to state that "the amount of overdoses has placed a heavy burden on the local hospital's staff, as the high rates of overdoses and recidivism place a strain on hospital's resources."

Fiola also complains about SSTAR's alleged lack of "transparency." She disregards that full access and information was provided to the city's building commissioner, Joseph Biszko, by letter delivered on April 11. The fact is that the public has been fully aware of SSTAR's purchase of the former Weaver Cove Mill site and its intended use. What is readily "transparent" is the ongoing effort by Fiola and her husband, Kenneth Fiola, to single out and target the Weaver Cove Mill site for possible eminent domain taking by the city in the future as part of the waterfront development plan. The Fiolas have made clear and public their absolute opposition to the SSTAR project right from its outset.

Towns that surround Fall River should be concerned with Carole Fiola's suggestion that the unfortunate segment of the Fall River population that is in need of treatment and education should obtain that treatment "elsewhere," perhaps in a "facility in a surrounding community." (Incidentally, where there are no hospitals or other needed related services.)

Fiola's entire opinion is not, she says, a Not In My Backyard issue (NIMBY). With what logic has she made that assertion?

Continued opposition to the SSTAR project, by Fiola or her supporters, will in fact be a costly and indeed embarrassing route to take for Fall River and the taxpayers. Aside from the amelioration of public and private financial damage caused by the opioid addiction epidemic, any future court challenge that puts into issue the legality of SSTAR's proposed use at the Weaver Cove Mill site will generate significant legal expense to the city and a likely award of substantial financial damages assessed against the city for delays caused to SSTAR and its disabled client population. There will also be the payment by the city of high amounts of attorney's fees.

I encourage Fiola and her fellow opponents of the facility to seek independent legal advice before continuing in their challenges to the SSTAR proposed facility. Case law in Massachusetts is clear that the blocking of a non-profit educational corporation's effort to counsel, inform and treat an opioid addicted population with related corrective action is not tolerated. The city could incur substantial damages for allowing that political opposition to prevail, and later reversed in court. In addition, there are serious issues of civil liability for concerted efforts by parties who discriminate against the addicted population, or an agency such as SSTAR whose work is involved in assisting the opioid addiction population. Those legal cases date back to more than 30 years ago, the lead case of our Supreme Judicial Court involved Gardner-Athol Area Mental Health Association in suit against Zoning Board of Appeals of Gardner. The Fiolas should start by reading this case.

This current "dispute" fueled by the Fiolas will likely transform from a political battle to a legal battle unless a cooler and more progressive and fair mind prevails.

Philip N. Beauregard

Law Offices of Beauregard, Burke & Franco

New Bedford