Important note: Information in this article was accurate in 1993. The state of the art may have changed since the publication date.
San Francisco Chronicle - Wednesday, December 8, 1993
Elaine Herscher, Chronicle East Bay Bureau
Like San Francisco, Berkeley for years has supported the clandestine street practice of exchanging used intravenous syringes for clean ones in an effort to stem the spread of HIV. State law forbids this practice. Nonetheless, cities have declared states of emergency in hope of sidestepping the law.
Despite reservations from some council members, the resolution passed unanimously. The council declared the emergency and ordered the Berkeley health director to take necessary steps to enable needle exchange.
"A state of emergency, in my opinion, would not override the statute that makes needle exchange a crime," said City Attorney Manuela Albuquerque. "It would appear that anyone engaged in the distribution of needles would be guilty of a crime."
The same opinion holds true for San Francisco, where Mayor Frank Jordan declared a state of emergency in March. Marin County recently followed suit.
Medical officers in local jurisdictions have the authority to declare states of emergency that could override state law, but such a declaration in the case of HIV transmission has not been tested in court.
The Legislature has twice passed bills legalizing needle exchange, but Governor Wilson vetoed both.
"I think the governor is wrong, and this community thinks the governor is wrong," said Berkeley Councilwoman Carla Woodworth. "We need to save lives, and we just have to do this together."
Councilwoman Betty Olds said she had serious reservations about condoning illegal activity.
"I'm ready to vote for a state of emergency, but I'm not willing to vote for something that's illegal," she said. Olds was persuaded to vote for the resolution.
Berkeley now provides funds for an underground needle exchange program that collects used needles and distributes clean needles, bleach and educational materials. A Berkeley man, arrested in 1991, is awaiting trial on charges of illegally distributing syringes.
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