Judge temporarily stops abortion clinic shutdown
A federal judge in Louisville has temporarily blocked the effort of Gov. Matt Bevin's administration to shut down Kentucky's last abortion provider.
The order issued Friday by U.S. District Judge Greg Stivers follows a lawsuit by EMW Women's Surgical Center in Louisville seeking to block the state's effort to close the clinic over alleged deficiencies in its license.
"It's good news for the patients," said Donald L. Cox, a lawyer for the EMW clinic, which the state had ordered to close by Monday. "We're open as usual."
The order came as a surprise to Cox and to the cabinet since the parties had not yet had a hearing to discuss the case with the judge. Stivers said in his order that prior notice is not necessary in a case where facts "clearly show" that harm, irreparable injury or damage will occur before a hearing can be held.
Doug Hogan, a spokesman for the Cabinet for Health and Family Services, which licenses and inspects abortion clinics, said officials were "surprised and disappointed the court entered a temporary restraining order without input from the cabinet and without first ascertaining the status of communications between both parties."
Hogan said the cabinet had informed EMW's lawyers no final decision would be made regarding the abortion facility’s license until the administrative hearing required by Kentucky law was complete. Cox said he had been in discussions with cabinet officials but was pleased to get Friday's restraining order, which ensures the cabinet can take no immediate action against the clinic.
Hogan said the cabinet will defend its actions in the case, which he said are based on standards "enacted to protect the health and welfare of women who undergo abortions."
In its lawsuit filed Wednesday in U.S. District Court, the clinic denied any deficiencies in its license and said the action by the cabinet amounted to an unconstitutional effort to abolish abortion in Kentucky.
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Cox said the judge's order shows that "the courts are a bulwark against executives who would ignore the Constitution."
Stivers' order cites the potential harm to patients and the strength of EMW's case as grounds for temporarily barring the state from revoking the clinic's license. He said the clinic's lawyers had shown "a strong likelihood of success on the merits" of their claim.
"Plaintiffs have laid out specific facts in their verified complaint showing that the rights of their patients would be immediately and irreparably harmed absent a temporary restraining (order) from this court," Stivers' order said.
EMW's lawsuit, filed by Cox and the American Civil Liberties Union, said shutting down the clinic "will have a devastating impact on Kentucky women" who have no other options in the state for abortion.
Two other abortion providers ceased operations over the past year following enforcement actions by the Bevin administration.
Planned Parenthood of Indiana and Kentucky suspended offering abortions at its clinic in downtown Louisville, and EMW closed a small, part-time office in Lexington.
Planned Parenthood has appealed the state's action against its license. EMW decided to close the Lexington site after the state refused to issue it a license.
In the action against EMW's Louisville clinic, the state cites alleged deficiencies in "transfer agreements" state law requires of abortion clinics to ensure a patient may be transferred to a hospital in case of an emergency. The agreements are part of the annual license the clinic must obtain from the health cabinet.
EMW said its transfer agreements comply with state law and that the recent finding they were deficient is merely a ruse to try to shut down the clinic by an administration that is openly anti-abortion. Bevin, a Republican, has said he is an "unapologetically pro-life individual."
Cox said the temporary restraining order against the state is valid for 14 days and he expects the judge will try to schedule a hearing before then on how to proceed with the case.
Contact reporter Deborah Yetter at 502-582-4228 or at dyetter@courier-journal.com.
