Middletown councilman drops controversial ‘3-strike’ narcan proposal

Credit: DaytonDailyNews

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Picard drops proposal due to potential exposure to litigation for the city

Credit: DaytonDailyNews

A Middletown councilman who proposed not sending EMS to revive repeat opioid OD victims formally dropped the matter and apologized to his fellow council members for creating the controversy.

Councilman Dan Picard made his comments during Tuesday’s council meeting, and said he had met with City Manager Doug Adkins on Friday to discuss the situation and how he was going to proceed.

ExploreMORE: Middletown councilman withdraws ‘3 strikes’ proposal for overdoses

“I had advised him at that time that I had done my own legal research and had consulted with a number of municipal law attorneys and come to the conclusion that although I believe my proposal might be legal, if we move forward and adopt we’re exposing the city to some rather significant, protracted and expensive litigation,” Picard said.

He said the point of his proposal was to help the city with its financial situation.

ExploreMORE: Middletown council member: Can we stop responding to overdoses?

“So moving forward with that proposal, which would result in even greater expenditures and legal fees and so on, just doesn’t make sense,” he said. “So at this time, I’m going to announce that I am not moving forward with that proposal and we’ll have to seek other alternatives.”

He said one thing that came out of his proposal was the worldwide discussion of this issue and creating certain degrees of awareness of the problems involved that may lead to some resolution.

Credit: DaytonDailyNews

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Protestors at the Butler County Sheriffs office talk about future meeting with Middletown Mayor.

Credit: DaytonDailyNews

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Picard said he received the opinion of the city’s Law Department late Friday morning, but he and city officials declined to comment on what it said, citing attorney/client privilege.

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The proposal has created a firestorm as many law enforcement agencies in Butler County do not equip their personnel with Narcan to revive a person who may have overdosed on an opioid. On Saturday and on Tuesday, groups protested at the Butler County Sheriff’s Office.

Sheriff Richard K. Jones said that its good that people with different viewpoints can peacefully protest, but he isn’t about to change his mind equipping his deputies with Narcan.

Middletown Mayor Larry Mulligan said one group has contacted him to set up a meeting and that City Manager Doug Adkins will meet with them.

ExploreMORE: Butler County sheriff’s Narcan stance draws new protests

Only the Miami University Police Department equips its officers with Narcan and the Ohio Highway Patrol are the only law enforcement agencies in Butler County that equip their officers with Narcan.