ninety eight specifically there was a special use that was approved pursuant to application granting my quite a bit and the place to operate a small community residence if you analyze that what exactly does and aid service organizations such as beth in place do in order to stop the spread of the disease well for one thing they were distributing condoms because unprotected sex was one way of that disease being spread throughout the community so bethany place throughout its inception has distribut they also looked at intravenous drug use as another type of spread of that disease intravenous drug users often times would use the same syringe over and over and those relief would become contaminated and lead to the spread of disease since bethany place has been in operation in bellville for nearly twenty years the spread of age i mean aids has gone down since significantly and i major portion of that service location in belgium or up until the order of this case was there and they would distribute these items the sole purpose was to stop the spread of aids application and subsequent to the application remain the same they still provided souvenirs they still provided condoms all the prevention and education time with those providing for the five expanded and he was determined that it would better serve the population because some of the aged have been a sufferers were homeless and if they provided some transitional housing for them they have a place to get started and then move on to so some more substantial or permanent housing but the services that provided prior to that really didn't change and there are some issues the record of the needle exchange and they can go to any of those facilities and exchange that dirty needles for clean us really it's not focused just on the intravenous drug users it's just making sure that they're clean urgent after all these years because the same services had been provided the rabbit hole period of time suddenly there was a letter i don't know if the resident became upset that this especially news was granted the mayor of the city of bell had written a letter in support of the application and refer to bethany place as the community's most comprehensive aids service organization serving the area now in order to be a comprehensive a service organization to stop the spread of aids and place has dedicated cell to do it providing clean and they also provided a safe way of disposing of dirty needles there were shirts containers that were also handed out at the same time so that if someone came into the needle it was dangerous or dirty they could put it in team that could be safely disposed of and not threaten the spread of a disease day and those clean needles those were also provided so that anyone who's affected wouldn't spread the disease to someone else that would be a clean needle so that was contemplated as far back as rely on that and had in fact relied on that from a few years up until two thousand and thirteen when there was another letter sent out requesting them to apply pharmaceuticals toiletries specifically part of a suit of clothes because to be a comprehensive a service organization there are certain pharmaceuticals such as so ri that are very important to stopping the spread of aids in agent he so they've always felt that they could rely on that and up until two thousand and thirteen and and under that provision i i take service and especially when bethany place has always relied on the fact that they are preferred to the areas most comprehensive a service organization if they were not allowed to provide clean syringes or provide condoms or cation or provide counseling if they had to apply for special use for each one of those things they really wouldn't be providing much  the condom distribution or for any of the services that they provided it was just they went through this light industry destry doing the same services they've always provided all the preventive services but the only thing that was different were the five beds for the transitional housing so they did apply for that and it was even an astute group and they have just continued since then to provide the same services that they always have that's the only thing i can think of but i think united were able to stop the spread of disease and what's more important certainly we don't want people  contract in these diseases that are potentially fatal if there is a an organization there that can help stop that  they've always thought that they could rely on that letter from the mayor indicating that there was some approval for what they were doing that they continue to receive these  raw materials from the state in order to continue their purpose for stopping the spread of disease and nothing has changed up until two thousand and thirteen when this lawsuit was  provide the same time services who are kind of surprised that this came about so i don't know if it's a matter of first impression or something like that it might be relied upon this letter from the mayor and continue to provide services to community that the city should be a stop now from stopping for the re descriptive way to refer to the syringes would be to distribution instead of the an exchange i don't know that there is any evidence in the record that there was an exchange prior to two number of syringes and the number of users of syringes that there and exchange was created in order that dirty needles would be brought in and put insurance containers taken off the street and not just as far as the equable stuff will i guess that's up to the court to determine whether or not bethany place can rely on a letter writ by the mayor of the city written response to the city's motion to dismiss might say to counter the points made and my other question is was there a a record made of the oral argument on the motion to dismiss