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Planned Parenthood wins case against Bevin

Deborah Yetter
@d_yetter
  • Planned Parenthood's court victory does not mean it can resume offering abortions immediately.
  • Kentucky currently has only one abortion provider, EMW Women's Surgical Center in Louisville.

A Jefferson Circuit Court judge has tossed out a lawsuit by Gov. Matt Bevin's administration against Planned Parenthood that alleged the reproductive health organization illegally provided abortions at its new clinic in downtown Louisville.

In dismissing the lawsuit filed by Bevin's general counsel, Steve Pitt, Judge Mitch Perry found that Planned Parenthood had, as it had claimed, been following directions of state officials when it began offering abortions in December as part of its effort to obtain a state license.

Lawyer Thomas Clay, who represents Planned Parenthood, said his clients were "very pleased" with the decision.

"It remains to be seen whether the Bevin administration will accept this decision or whether it will seek appellate review," Clay said.

Amanda Stamper, a Bevin spokeswoman, said the state will appeal, “and will continue making every effort to enforce the clear laws of Kentucky.”

Betty Cockrum, president of Planned Parenthood of Indiana and Kentucky, said she was pleased that the judge found that the organization had done nothing wrong and had operated "in compliance throughout" the application process.

"We are very much looking forward to that day when we can offer full services to the Louisville community and the region," she said.

The ruling is a setback for Bevin, an anti-abortion Republican who had publicly blasted Planned Parenthood as "openly and knowingly operating an unlicensed abortion facility" and whose administration also has filed suit to close a Lexington abortion provider, alleging it was operating without a license.

Planned Parenthood suspended offering abortions at the clinic while it tried to resolve the licensing dispute with the Bevin administration. The Lexington clinic also has stopped offering abortions while its case is pending, leaving Kentucky with only one abortion provider, EMW Women's Surgical Center in Louisville.

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Planned Parenthood had sought the license last year from the administration of former Gov. Steve Beshear, a Democrat, and produced documentation from state officials directing Planned Parenthood to open the clinic and begin providing all services, including abortions, so it could be inspected and be granted a license. Officials with the Beshear administration told Planned Parenthood its licensing application was complete and fulfilled requirements.

But the license had not yet been issued when Bevin became governor in December. His administration ordered the clinic to stop providing abortions and claimed the license application was deficient.

In February, Bevin's lawyers sued Planned Parenthood, seeking fines of more than $500,000 for 23 abortions provided at the clinic in December and January.

"Planned Parenthood should be required to pay fines in the maximum amount allowed by law in order to punish it for its callous and knowing violations of law and to deter it and others from such violations in the future," said a press release issued by Bevin announcing the lawsuit.

But Perry found no evidence Planned Parenthood had willfully violated the law during the licensing process through the Cabinet for Health and Family Services.

Rather, the judge found that cabinet officials, prior to the Bevin administration, had followed 20 years of consistent application of the law and state regulations involving abortion clinics. Perry said it "defies reason" to conclude Planned Parenthood willfully violated the law.

In dismissing the case, Perry found that Bevin's lawyers likely would not prevail.

Planned Parenthood's court victory does not mean it can resume offering abortions immediately. It must first obtain a license from the Bevin administration's Cabinet for Health and Family Services.

And it suffered a setback in that effort in March when KentuckyOne Health backed out of an agreement required as part of a license to provide hospital care in the event of an emergency. Planned Parenthood said KentuckyOne Health CEO Ruth Brinkley cited "incredible" outside pressure as the reason for dropping the "transfer" agreement to accept Planned Parenthood patients should they need hospitalization.

Clay said Planned Parenthood has since submitted new transfer agreements to the cabinet, and has said Planned Parenthood will continue to seek the license.

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Perry's decision follows a flurry of abortion activity on other fronts.

On Monday, the U.S. Supreme Court struck down a Texas law that imposed additional restrictions on abortion clinics the high court ruled posed an undue burden on women's access to abortion and had forced many Texas abortion clinics to close.

And on Thursday, a federal judge in Indiana struck down a state law that would have barred women from seeking abortions in cases where fetal abnormality or gender was the reason.

Contact reporter Deborah Yetter at (502)582-4228 or at dyetter@courier-journal.com.