City of Vancouver, others sued over 'ham-fisted' operation of Yaletown overdose prevention site

The City of Vancouver, Vancouver Coastal Health and the RainCity supportive housing society are targets of a proposed class-action lawsuit for operating a Yaletown overdose prevention site in a way allegedly causing distress in the neighbourhood.

The plaintiffs are a company that ownsa rental apartment building neartheThomus Donaghy Overdose Prevention Siteat Seymour and Helmcken Streets, and Michael Wilson, who owns a strata home a block away.

They allege their "use and quiet enjoyment of their homes has been unreasonably and substantially interfered with by the defendants' ham-fisted operation and oversight of the small, poorly suited OPS[overdose prevention site] space.

"OPS users, often in various states of intoxication, distress or unconsciousness, occupy the sidewalk at all hours of the day, encamping around the OPS and in park across the street, abandoning garbage, used and unused drug paraphernalia and human waste throughout the area.

"The sale and use of elicit [sic] drugs is common, as are break-ins, thefts, property damage and vandalism."

The plaintiffs say they seek to represent residents and businesses in the Emery Barnes Neighbourhood since March 2021.

The statement of claim was filed last week. The allegations have not been tested in court.

The plaintiffs say their civil suit is not about changing overall overdose prevention or supervised consumption site policy in the city, but about the operations of the Thomus Donaghy.

The plaintiffs are seeking an injunction ordering the defendants to deal with the nuisances, plus damages.

VCH wants to be 'good neighbour'

The civil suit alleges Wilson has witnessed assaults, feels unsafe in the neighbourhood, and that his building has seen break-ins and theft. It claims his strata fees have gone up because of the need for greater security since the overdose prevention site opened.

The Thomus Donaghy Overdose Prevention Site opened in 2021,named after an Overdose Prevention Society volunteer who was killed by a client.

RainCity, the operator, did not immediately respond to an emailed request for comment late Tuesday evening. The City of Vancouver, which owns the land the Thomus Donaghy is on, said it would not comment as the matter is before the courts.

Vancouver Coastal Health, which leases the site's space from the city, said it is "committed to operating this site as a good neighbour, and to work with municipal government and service partners to address issues if they arise."

It saidit is taking neighbour feedback into consideration at the building, and conductingneedle sweeps.

The neighbourhood the Thomus Donaghy is located in has the second-highest number of overdose deaths and calls for ambulances in the health region aside from the Downtown Eastside, it added.

It saidharm reduction services save lives and connect people at risk of overdose death with health-care services.