The bill dictates when and how mobile van service providers can operate in Kensington as they support people who are homeless and using drugs.
3 months ago
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The Market-Frankford Line in the Kensington neighborhood of Philadelphia, May 9, 2024, a day after city officials orchestrated a sweep of encampments in the area. (Kimberly Paynter/WHYY)
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A new Philadelphia law that restricts where and when mobile addiction service providers can operate in and around Kensington is taking effect this Sunday, but city officials say it won’t be immediately enforced.
That’s because the city does not yet have a permit system in place for medical and nonmedical mobile providers as required by the new rules and needs time to establish regulations “to govern enforcement,” said Leah Uko, deputy director of communications for the mayor’s office.
The delayed timeline offers a slight reprieve for organizations and groups that provide wound care, harm reduction tools, food and other services to people who are homeless or using drugs in Kensington. But advocates for mobile services and leaders said their concern over the new law’s impact on supportive services remains.
“It feels like we are taking a huge step backwards in regards to public health,” said Nicole Bixler, founder of Operation In My Backyard, a grassroots harm reduction organization.
The new law requires community organizations and groups to apply for special permits to provide services within District 7. Providers are not allowed to operate on residential streets or near places like schools and recreation centers.
Instead, mobile services must be stationed at 265 E. Lehigh Ave., outside of the Kensington Wellness Support Center, or along East Allegheny Avenue between the overnight hours of 11 p.m. and 6 a.m.
The city can levy penalties of $1,000 for violations of the new law.
Support for the impending restrictions was driven largely by long-term residents and families, neighborhood associations and private business owners.
During tense and emotional City Council hearings earlier this year, supporters testified that the high concentration of mobile providers in the neighborhood has led to excess litter, people lingering on private property, confrontations, young kids exposed to public drug use and other “nuisance behavior.”
Councilmember Quetcy Lozada, who represents District 7, was the prime sponsor of the legislation and said the new requirements would help improve quality of life for local families and permanent residents. Mayor Cherelle Parker signed the bill into law on May 28.
“I am confident that the Parker Administration is working diligently to develop regulations and a process for providers to apply to receive the permits needed,” Lozada said in a statement about the implementation of the new city ordinance.
For the law to fully take effect, Uko said the city plans to give mobile service providers “ample time to apply for and receive permits prior to the beginning of enforcement.”
When that will happen is yet to be determined.
“The city will announce, in advance, the date on which enforcement will be set to begin,” she said.
City officials declined to say when the permit process might open, which specific agencies or departments will process applications or when regulations related to enforcement policies will be completed.
“The regulatory process has multiple steps and will take some time to finalize,” Uko said.
Outreach workers providing these mobile and street-based services consider these new mobile requirements equivalent to an outright ban due to the very limited number of locations and hours in which providers are allowed to operate.
Several organizations that offer medical care, harm reduction, treatment referrals, substance use disorder treatment, food assistance, clothing and other services in Kensington said information on the new permit process has been scarce.
In the meantime, mobile outreach teams are focused on providing continuous and reliable access to services through existing general vendor permits, said Susan Sheehan-Fasulo, executive director of Angels in Motion.
“We will continue to work closely with city officials to ensure access to vital resources,” Fasulo said. “These services include food, clothing, rehabilitation, recovery and health care assistance. We will maintain our outreach efforts without interruption, even if a new permit process is introduced.”
Bixler said her team at Operation In My Backyard is focused on ramping up services in the coming weeks and keeping people informed about the upcoming changes.
The organization regularly distributes food, naloxone overdose reversal medication, fentanyl test strips, wound care and other services in Kensington.
Addiction medicine experts who previously testified at City Hall warned that any reduction in access to supportive services could reverse progress that’s already been made in addressing the addiction epidemic and homelessness.
“It baffles my mind to know that people who have zero training or understanding on evidence-based approaches to addressing the overdose crisis and infectious diseases have any say in how those issues are addressed within our city,” Bixler said. “Limiting harm reduction services is not going to help the community.”
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