SB 1573 Will Not Advance After Federal Court Ruling Establishes ADA Protections For Harm Reduction Services (Photo) - 02/12/26

FOR IMMEDIATE RELEASE

Contact: Allison Mora, Communications Manager | Oregon Coalition of Local Health Officials | 971-480-0752 | allison@oregonclho.org

SB 1573 Will Not Advance After Federal Court Ruling Establishes ADA Protections for Harm Reduction Services

A landmark ruling in Washington state that restrictions on syringe programs violate the ADA proves decisive for the Oregon bill

PORTLAND, Ore. – February 12, 2026 – Senate Bill 1573, which would have prohibited syringe service programs (SSPs) from operating within 2,000 feet of schools and licensed childcare facilities, will not advance during the 2026 legislative session.

The Oregon Coalition of Local Health Officials (CLHO), representing Oregon’s 33 local public health authorities, engaged extensively in the legislative process around SB 1573–testifying at the February 6th public hearing and working collaboratively with stakeholders and legislators to develop a proposed amendment that would have addressed community concerns while preserving the ability of local health authorities to maintain evidence-based harm reduction programs.

“As written, SB 1573 would’ve resulted in drastically decreasing access to harm reduction and other clean syringe services like mobile diabetes care,” said Sarah Lochner, CLHO Executive Director. "We would then see increases in disease transmission, emergency department visits, and costs to the healthcare system – the opposite of what the legislature is trying to accomplish this session.” 

Federal Court Ruling on ADA Protections Proves Decisive

A key factor in the bill's failure to advance was a significant federal legal development. On February 10, 2026, a landmark settlement was reached in Lewis County, Washington, in which a federal court determined that restrictions on syringe exchange programs violate the Americans with Disabilities Act (ADA). The case, brought by the ACLU on behalf of Gather Church, challenged a county ordinance that restricted the church’s mobile syringe exchange and barred the distribution of fentanyl and xylazine test strips. 

U.S. District Court Chief Judge David Estudillo ruled that syringe exchange programs constitute “health services or services in connection with drug rehabilitation" under the ADA, meaning that restricting access to these programs could amount to discrimination against individuals with substance use disorders. As part of the settlement, Lewis County repealed the ordinance and agreed to pay $500,000 in attorney's fees.

This ruling had direct implications for SB 1573. Had the bill advanced, it could have faced similar legal challenges under the ADA, potentially exposing the state of Oregon to costly litigation.

The Proposed Amendment: A Balanced Approach  

CLHO and public health partners developed a proposed amendment to SB 1573 that took a more measured approach than the original bill. The amendment would have:

• Reduced the buffer zone from 2,000 feet to 1,000 feet for mobile or temporary SSP locations near schools

• Established a statewide SSP registration system administered by OHA, including requirements for safe needle disposal plans

• Exempted SSPs operated by or contracted through state, local, or tribal governments

• Provided a waiver process for local public health authorities during declared public health emergencies

The amendment also represented a good-faith effort to balance community concerns about syringe litter near schools with the evidence-based public health need for accessible harm reduction services.

Why Syringe Service Programs Matter

Syringe service programs (SSPs) are a critical component of Oregon's public health infrastructure and are recognized by the CDC, the U.S. Surgeon General, and the World Health Organization as an evidence-based strategy for preventing the spread of HIV, Hepatitis B, and Hepatitis C. SSPs also serve as a vital point of entry for individuals to access substance use treatment, naloxone for overdose prevention, wound care, and connections to social services.

Oregon's local public health authorities operate or support SSPs in 22 counties, often serving rural and underserved communities where access to healthcare is already limited. Research consistently demonstrates that SSPs reduce syringe sharing by up to 50%, contributing significantly to reductions in HIV and Hepatitis C transmission.

Looking Ahead

While SB 1573 will not advance during the 2026 short session, CLHO remains committed to working collaboratively with legislators, community members, and public health partners to address the legitimate concerns that prompted this legislation—particularly around syringe litter and child safety—while preserving the lifesaving harm reduction services on which Oregon's communities depend.

About CLHO

The Coalition of Local Health Officials (CLHO) is a statewide coalition representing Oregon's local health departments and health officials. CLHO advocates for policies and resources that strengthen Oregon's public health system, promote health equity, and support the health of communities served by local health departments across the state. 

For more information about CLHO's legislative priorities, visit oregonclho.org/advocacy.

Sources

• SB 1573 (Oregon Legislature)

• Sarah Lochner’s Testimony on behalf of CLHO (Oregon Legislature)

• Proposed Amendments to SB 1573 (Oregon Legislature)

• Overdose-Related Services & Projects Summary by Oregon County: Syringe Service Programs (SSPs) Breakdown by County (Pages 6-7, Updated April 2025 | OHA)

• STAT News: Landmark settlement could create new protections for harm reduction under disability law (Feb. 10, 2026)

• KATU: Public Safety vs. Public Health — Oregon needle exchange bill sparks heated debate (Feb. 6, 2026)

• FOX 12: Oregon lawmakers hear testimony on bill to ban needle exchanges near schools (Feb. 5, 2026)