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U.S. appeals court upholds restrictive Texas abortion law
Reuters ^ | 6/9/15 | Jon Herskovitz

Posted on 06/10/2015 4:17:32 AM PDT by markomalley

A U.S. appeals court on Tuesday upheld the main provisions of a restrictive Texas abortion law including one requiring clinics to have certain hospital-grade facilities, a regulatory hurdle critics said was designed to shut down abortion providers.

The 5th U.S. Circuit Court of Appeals, based in New Orleans, permitted the 2013 law to be applied across the state, although it exempted the application of some provisions to a clinic in the southern city of McAllen. The exemptions had been granted by a lower court on the grounds that its distance from other clinics could cause an undue burden on women in that area.

In its decision, the court said the state's measures were intended to protect women's health.

Under the "ambulatory surgical center" requirement, clinics must meet a set of building standards ranging from widening halls to having facilities for certain surgeries.

Texas, the largest Republican-controlled U.S. state, has been at the forefront of advancing regulations restricting access to abortion.

(Excerpt) Read more at reuters.com ...


TOPICS: Front Page News; Government; US: Texas
KEYWORDS: abortion; deathpanels; obamacare; prolife; texas; zerocare

1 posted on 06/10/2015 4:17:32 AM PDT by markomalley
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To: markomalley

I really like the idea of restriction on abortion....but I hate that it comes through red tape and regulations on equipment, etc. As conservatives, we are on a slippery slope when we cheer this kind of thing - even if from time to time its a good cause.


2 posted on 06/10/2015 4:26:11 AM PDT by C. Edmund Wright (www.FireKarlRove.com NOW)
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To: markomalley

An Abortion Business was fined $77 for a Patient Death; The Average Animal Shelter Fine: $5,305

Abortion Clinic That allegedly Killed Woman
and Failed Inspection Just Gets $77 Fine

Dog Pounds Are Better Regulated
Than Abortion Businesses

John Jansen April 3, 2015 | Chicago, Illinois | LifeNews

Imagine you run a shoddy abortion clinic that amasses a $36,000 fine by your state’s health department after an 18-year old patient dies.

WomensAidCenter

“Women’s Aid Center” Abortion Business “Providing the Support and Care You Deserve”

You file for bankruptcy, but your case is dismissed.

Then, you close out your bank account, dissolve your old company, change your name, and move to a different location.

When the state comes calling, you say the old company doesn’t exist anymore, so the state’s out of luck.

You couldn’t get away with that, could you?

Believe it or not, the Pro-Life Action League has learned that an Illinois Appellate Court has just decided [PDF] that a Chicago abortion clinic can do just that by requiring the owner to pay a mere $77.

Abortion Clinic Owner Felt “Victimized” by “Unfair” Health Department Inspection

To understand how things got to this point, we have to back up a few years.

On September 6-7, 2011, inspectors with the Illinois Department of Public Health (IDPH) visited the Women’s Aid Clinic abortion facility, located in the northern Chicago suburb of Lincolnwood, for the first time in 15 years.

What they found shocked them. According to the IDPH:

The condition of the facility has deteriorated to a point where “the public interest, health, safety, or welfare imperatively requires” that the facility’s license be suspended on an emergency basis. (210 ILCS 5/10f(c)).

The full report from the IDPH’s 2011 inspection of Women’s Aid Clinic is posted here [PDF]. (It’s also worth noting that Women’s Aid owner Larisa Rozansky later told an AP reporter that she felt “victimized by the surprise inspection,” which she called “unfair.”)

Six weeks later, on October 21, 2011 the state assessed [PDF] Women’s Aid Clinic with a fine of $36,000 for a host of serious violations, including failure to perform CPR on 18-year old Antonesha Ross, who died following an abortion. The state also suspended the license of Women’s Aid to operate as a pregnancy termination specialty center (PTSC) and prohibited the facility from performing surgical abortions—although it is still permitted to perform medication abortions.

Knowing a fine was coming, Women’s Aid owner Larisa Rozansky filed for bankruptcy [PDF] on October 10, but her case was dismissed a few weeks later.

And although Rozansky wrote a letter to the IDPH stating [PDF] that Women’s Aid Clinic would be closing on November 10, 2011, Women’s Aid Clinic continued to advertise surgical abortions and do business under the very name “Women’s Aid Clinic” for several months thereafter.

In January 2012, activists working with the Pro-Life Action League notified the IDPH that Women’s Aid was continuing to advertise surgical abortions. Following a cease and desist letter from the the IDPH’s William Bell in March 2012, Women’s Aid eventually took it down from its website.

Owner Claims Abortion Clinic “Does Not Exist”

In that letter [PDF], the IDPH also reminded Rozansky that if she did not pay the $36,000 fine, the matter would be turned over to the Illinois Attorney General’s Office. Rozansky responded with a letter [PDF] saying that “Women’s Aid Clinic does not exist and does not have any assets or associated bank accounts.”

On April 5, 2012, I reported that Women’s Aid Clinic was still very much in operation, and spoke with William Bell at the Illinois Department of Public Health. Per his request, I put my concerns in writing and asked him to forward them to the Illinois Attorney General’s Office and urge their office to begin proceedings against Women’s Aid to collect the $36,000 fine.

The following month, Women’s Aid Clinic was evicted [PDF] from its Lincolnwood location by its landlord, Hunter Properties, for failing to pay $50,000 in back rent.

In June 2012, Women’s Aid Clinic moved from Lincolnwood to its current location in Chicago and changed its name to Women’s Aid Center.

In August 2012, the state Attorney General’s office filed suit [PDF] against Women’s Aid in Cook County Court in Chicago to begin collection proceedings. The wheels of justice turn slowly, and after numerous continuances in the case, Rozansky’s attorney, Scott Skaletsky, requested an evidentiary hearing, which was held on December 3, 2013.

Illinois Department of Public Health visited the Women’s Aid Clinic abortion facility for the first time in 15 years

I attended that hearing, during which Rozansky admitted to Assistant Attorney General Vincent Kan that Women’s Aid Center (the “new” corporation) still used the same phone number and website as Women’s Aid Clinic (the “old” corporation), and for a period of time processed credit cards via the same Merchant Services Account number as Women’s Aid Clinic (the “old” corporation that incurred the $36,000 fine).

Clearly, Kan argued, this shows that Women’s Aid Center was a successor company to Women’s Aid Clinic, and that funds from the new Women’s Aid Center should be turned over to pay the fine.

Following that hearing, the case was continued until January 14, 2014, and I was once again in court to hear the attorneys make their closing arguments.

Skaletsky, Rozansky’s attorney, argued that Women’s Aid Clinic and Women’s Aid Center were two “totally different businesses,” and that when Women’s Aid Clinic closed in March 2012, it had a mere $77 in its bank account. Skaletsky then told Cook County Judge Alexander White that Rozansky would be willing to write a check to the state for $77 to “make this go away.”

Shockingly, Judge White bought that argument, and ordered Rozansky to send a check for $77 to the Illinois Department of Public Health.

In response, the Pro-Life Action League asked Illinois residents to take action by calling the State Attorney General’s office and urging them to appeal Judge White’s ruling and keep pushing to collect more money—which they did.

But just last week, on March 23, the First District Appellate Court of Illinois effectively rubber-stamped [PDF] the judge’s decision.

A Dangerous Precedent

This doesn’t even come close to being a slap on the wrist for abortion clinic owner Larisa Rozansky. She’s getting off scot-free.

Think of the very dangerous precedent this sets. You can run a shoddy, dangerous abortion clinic, and even if you rack up tens of thousands of dollars in fines by state health inspectors, you can weasel your way out of it by draining your bank account, closing down, declaring the business no longer exists, moving, and reopening under a different name (albeit with the same phone number, website, and Merchant Services account number), employing stall tactics at every opportunity throughout the protracted legal process—and you can get away with it.

Apparently, this is justice the Chicago way.

LifeNews Note: John Jansen writes for the Pro-Life Action League.

Animal Shelter Fine Statistics compiled by search for “Animal Shelter Fines”

$77 Percent of 1.5% 0.5% 30.8%
Average Fine: $5,305 Max Fine: $16,550 Min Fine: $250

The Cost of Antonesha Ross’ Life: $77
Animal Shelter Fines:
Average,
$5,305, $77=1.5%
Maximum, $16,550, $77=0.5%
Minimum, $250, $77=30.8%

FineDate ShelterName FineAmount Location Citation
13-Jan-15 Paws to the Rescue Animal Shelter $9,800 Marion, South Carolina Lack of financial accountability
30-Sep-13 Franklin County Animal Shelter $5,000 Louisburg, North Carolina Shooting a dog
09-May-14 Saginaw County Animal Care Center $16,550 Saginaw, Michigan Numerous improprieties
26-Sep-14 Rutherford County Animal Shelter $5,000 Rutherfordton, North Carolina Filthy conditions
06-Mar-15 Cabarrus County Animal Shelter $1,500 Concord, North Carolina Euthanasia without authority
01-Sep-10 Jefferson County Animal Shelter $10,000 Mount Vernon, Illinois Improperly euthanizing animals
24-Nov-10 Sutter County Animal Shelter $3,000 Yuba City, California Rat infestation
15-Oct-86 Animal Care League $250 Voorhies, Pennsylvania Numerous improprieties
01-Aug-14 A Buddy for Life $750 Elkton, Maryland Licensure violation
12-Mar-12 Spring Valley Animal Shelter $1,200 Spring Valley, New York Lack of Animal Control Officer

3 posted on 06/10/2015 4:28:55 AM PDT by CharlesOConnell (CharlesOConnell)
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To: markomalley

In a major victory for womens health, a U.S. appeals court on Tuesday upheld the main provisions of a protective Texas abortion law including one requiring clinics to have hospital-grade facilities, a common sense requirement supporters said was designed to improve conditions in an indutry whose main concern has been the killing of unborn children.

The 5th U.S. Circuit Court of Appeals, based in New Orleans, allowed the 2013 law to be applied across the state, although it exempted the application of some provisions to a clinic in the southern city of McAllen. The exemptions had been granted by a lower court on the grounds that its distance from other clinics could cause an undue burden on women in that area that wanted to kill their unborn.

In its decision, the court said the state’s measures were intended to protect women’s health.

Under the “ambulatory surgical center” requirement, clinics must meet a set of building standards ranging from widening halls to having facilities for certain surgeries.

Texas, the largest Republican-controlled U.S. state, has been at the forefront of advancing regulations restricting the ability of pregnant women to kill their unborn children.


4 posted on 06/10/2015 4:30:51 AM PDT by icwhatudo (Low taxes and less spending in Sodom and Gomorrah is not my idea of a conservative victory)
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To: CharlesOConnell

Abortion Business Owner, Larisa Rozansky--seems like a nice person.
5 posted on 06/10/2015 4:33:55 AM PDT by CharlesOConnell (CharlesOConnell)
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To: C. Edmund Wright

You are correct in your assessment however what is shown is that a pragmatic attack is having a positive effect. It is buying some time while throwing up obstacles


6 posted on 06/10/2015 4:38:27 AM PDT by bert ((K.E.; N.P.; GOPc.;+12, 73, ..... No peace? then no peace!)
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To: bert
You are correct in your assessment however what is shown is that a pragmatic attack is having a positive effect. It is buying some time while throwing up obstacles

Oh yes, it is no doubt a pragmatic success in the micro...but turn it around....the damaging impact of the regulations Obama announced yesterday on business are going to have a pragmatic negative impact on millions of lives - through REGULATIONS. I'll look on the bright side here, but I remain queasy about celebrating regulation based victories, because virtually all regulations are liberty killers.

I would also rather win the abortion battle through the truth of what abortion is and what (who) it kills. Too many people are blithely pro choice by not really understanding what is going on here....

7 posted on 06/10/2015 4:42:07 AM PDT by C. Edmund Wright (www.FireKarlRove.com NOW)
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To: bert

You know, after thinking about this for a while....I do like it....for this reason.

Liberals are always calling abortion an issue of “womens health” and so on....okay....women’s health....we can’t have women’s health being administered sub par, now can we? Yeah, I like it. Regulate the hell out of them. See how they like it.


8 posted on 06/10/2015 4:47:46 AM PDT by C. Edmund Wright (www.FireKarlRove.com NOW)
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To: C. Edmund Wright

As usual, you are correct except.......

when there is a position defended by concrete and sand bags and barbed wire with clear fields of fire for thousands of yards, the charge of the principled light brigade will have no effect and might end up in slaughter. In such a situation, an attack from the flank or the rear will have a better chance of success

Having lived through the attacks by the anti nuclear groups and seeing one door redesigned and replaced 5 times, I know for sure that a thousand small cuts produce effective death

the tactic of small cuts is effective if there is perserverance

it is a pragmatic tactic


9 posted on 06/10/2015 4:53:01 AM PDT by bert ((K.E.; N.P.; GOPc.;+12, 73, ..... No peace? then no peace!)
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To: bert

was your post 9 a reply to post 7 or post 8?


10 posted on 06/10/2015 4:54:53 AM PDT by C. Edmund Wright (www.FireKarlRove.com NOW)
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To: C. Edmund Wright

it was in response to your #7 and simultaneous to your #9....... I think


11 posted on 06/10/2015 4:56:51 AM PDT by bert ((K.E.; N.P.; GOPc.;+12, 73, ..... No peace? then no peace!)
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To: bert

got it....by the time of post 8, I’d had another coffee and was thinking clearer...:)


12 posted on 06/10/2015 4:58:00 AM PDT by C. Edmund Wright (www.FireKarlRove.com NOW)
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To: markomalley

Abortions are a multi-billion dollar industry. Fetal materials are sold and used for all sorts of things, the list is horrific.


13 posted on 06/10/2015 5:43:00 AM PDT by fella ("As it was before Noah so shall it be again,")
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To: markomalley

Who would have thought that a facility that performs ambulatory services should be required to meet ambulatory service standards?!? I mean, the AUDACITY to expect these DOCTORS to have to maintain a facility that meets basic MEDICAL conditions!?!?

This would be like McDonald’s arguing that since they aren’t a five-star restaurant, they shouldn’t have to meet the same health conditions as five-star restaurants!

I can’t believe that this was even questioned. Oh, I forgot, this is a woman who wants to kill another being, so the rules should be different for her and her doctor. B.S!!!


14 posted on 06/10/2015 6:19:07 AM PDT by ExTxMarine (Public sector unions: A & B agreeing on a contract to screw C!)
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To: C. Edmund Wright

So...you’re a conservative and are against holding abortion clinics to the same standards as hospitals? There’s a five letter word for that!


15 posted on 06/10/2015 10:01:16 AM PDT by gr8eman (Don't waste your energy trying to understand commies. Use it to defeat them!)
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To: markomalley

“Restrictive.”

Yeah, right.


16 posted on 06/10/2015 11:12:46 AM PDT by fwdude (The last time the GOP ran an "extremist," Reagan won 44 states.)
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To: gr8eman

You didn’t read post #8, did you?


17 posted on 06/10/2015 11:25:33 AM PDT by houeto (https://secure.freerepublic.com/donate/)
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To: markomalley

Whoa, you mean a STATE can make its OWN LAWS?!!???

The hell you say.

Someone apparently STILL understands the Constitution, even in the federal judiciary.


18 posted on 06/10/2015 11:49:21 AM PDT by SoFloFreeper
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To: gr8eman

First of all Mr. Selective Reading smart ass, I did have another cup of coffee and said one post later I actually liked the idea.

Second of all Mr. No Reading Comprehension, I said in my very first post that I liked it, and yet, was a bit uncomfortable using gov regulations to accomplish this.

Third Mr. No Clue, if you think the ultimate battle over abortion is gonna be won by government rules and regs like this, you’re just a blithering idiot. Which maybe you are.....

So basically, your entire post was an epic fail.


19 posted on 06/10/2015 2:11:58 PM PDT by C. Edmund Wright (www.FireKarlRove.com NOW)
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