Zoners Hear Final Arguments For and Against Atiyeh's Rehab Proposal

Allentown Diocese Attorney Jay Leeson

Over eighty people, including retired Judge William Moran and City Council members David DiGiacinto and Eric Evans, crowded into Bethlehem's Town Hall on February 22 for final arguments on Abe Atiyeh's zoning appeal for a controversial 70-bed voluntary inpatient substance abuse center. Proposed at the vacant Calvary Baptist Church on Dewberry Avenue, it's located right next to Bethlehem Catholic High School. Those expecting a quick decision left disappointed. After 21 hours of testimony spread out over six long nights, zoners Gus Loupos, Bill Fitzpatrick and Ron Lutes will wait until March 5th to make a decision. "We see light at the end of the tunnel," said Loupos, who chairs the zoning hearing board. "All we need now is a decision."

Representing Abe Atiyeh, Attorney Blake Marles told zoners that City Council and Mayor John Callahan only injected themselves into this case because of last Fall's election, drawing groans from the audience. "That's ridiculous," blurted out retired educator Greg Zebrowski, an ardent rehab foe.

Marles also argued that the Objectors in this case - the Diocese of Allentown, City Council and the North Bethlehem Action Committee - all failed in their burden of establishing that the proposed rehab actually presents a risk to anyone. Noting they had an obligation and ample opportunity to present facts, all they could come up with is "speculation" and "what if objections." In contrast, Marles subpoenaed the principal of an elementary school located next to a rehab, who testified there never has been a problem.

"They tried to make this a referendum on Abraham Atiyeh," Marles said of the Objectors. "but it is the use that must be evaluated, not the user."

A cross of ashes, marking Ash Wednesday, adorned Attorney Joseph "Jay" Leeson's forehead as he made his final argument on behalf of the Diocese of Allentown. Referring to the "town hall democracy" that sets Bethlehem apart from other communities, Leeson noted the "unusual breadth and depth of opposition," including the Mayor, City Council, a religious institution and "citizens from all walks of life."

Turning to the audience, he asked every person opposed to the proposed rehab to rise. Every person in the room, save for the press and Atiyeh's own legal team rose.

Leeson told zoners the "collective wisdom" of this group can't be wrong, and the room burst into applause.

City Council Solicitor Chris Spadoni

Representing City Council, Attorney Chris Spadoni told zoners that nobody objects to the rehab, just its location. He urged zoners to "protect our children" at Bethlehem Catholic High School Noting that Bethlehem is the "gem of the Lehigh Valley" because of its neighborhoods, he argued that a rehab so close to a high school and park is "deleterious."

Leapfrogging onto Spadoni's argument, Attorney Steve Goudsouzian also complained about the "awful location. I could not think of a worst place for this." Claiming that Atiyeh "tried to sell you a package," he noted there is a drug enhancement penalty near schools for a reason.

After attorneys were done, Zoning Chair Gus Loupos allowed six members of the audience to make final arguments as well. Stewart Early, a consultant, pointed out that the proposed rehab is located either next to or within a mile of four different schools, as well as two daycare centers. Youth case manager Holly Hornerook pleaded, "Please listen to what we're saying. These are our children. It only takes one time."

All that's needed now is a decision on March 5. Before leaving, Attorney Blake Marles told zoners, "I've seen you considerably more than my wife some weeks."