Pro-life Pregnancy Center Appeal Arguments This Week | American Center for Law and Justice
  Search  |  Login  |  Register

ACLJ Profile Completion

Verified

Update in Crisis Pregnancy Center Appeal

By ACLJ.org1347296602000

This Friday, September 14, the United States Court of Appeals for the Second Circuit will hear oral arguments concerning a New York City ordinance that targets pro-life pregnancy centers.

The ordinance requires pregnancy centers—facilities that offer free, non-medical assistance to women who are or may become pregnant—to include lengthy disclaimers in both English and Spanish in all of their advertisements, on signs posted in their lobbies, on their websites, and in any phone or in-person conversation regarding the services that they offer. The ordinance imposes substantial financial penalties for non-compliance; a facility that fails to comply with the ordinance for one month could face $76,000 in fines. The intent and effect of the law is to single out facilities that oppose abortion for disfavored treatment, while abortion-providing facilities are exempt from the law.

In the litigation, the ACLJ represents The Evergreen Association (Expectant Mother Care Pregnancy Centers-EMC Frontline Pregnancy Centers) and Life Center of New York (AAA Pregnancy Problems Center), which operate numerous pro-life pregnancy centers across New York City. The ordinance would prevent these Plaintiffs from using certain forms of advertising and would significantly increase the cost of other forms of advertising.

The ACLJ has alleged that the ordinance violates the freedom of speech, freedom of assembly and association, freedom of the press, and due process of law guaranteed to the Plaintiffs by the United States and New York Constitutions. Similar ordinances have been struck down in whole or in part by federal judges in Baltimore and Montgomery County, Maryland.

Last July, a federal judge issued a preliminary injunction prohibiting the City of New York from enforcing the ordinance, concluding that there was a high likelihood that the ordinance violated the Plaintiffs’ free speech rights and was impermissibly vague. The judge stated that the law was not comparable to laws that regulate commercial advertising because the pregnancy centers offer assistance for free in furtherance of their religious and charitable missions. In addition, the judge concluded that there are multiple ways for the City of New York to protect its interests, including through the neutral enforcement of existing laws, without forcing the pro-life pregnancy centers to speak a government-crafted message.

The City of New York appealed the judge’s decision to the Second Circuit, and briefs were filed by both sides from October 2011 to February 2012. The case was consolidated with another lawsuit brought by pro-life facilities that are or may be subject to the ordinance’s requirements. A panel of three judges will hear oral argument and subsequently issue a decision.

Latest in
Pro Life

CPC Legal Fight Moves Forward

By Geoffrey Surtees1477677470564

As explained in more detail here , the Ninth Circuit Court of Appeals recently, but only preliminarily, upheld a California law requiring faith-based, pro-life pregnancy centers to tell their clients upfront that might be able to have a free abortion elsewhere. One doesn’t have to think long and...

read more

America – The Land of Equal Opportunity for All

By Nicole Smith1477500643935

A chasm has formed. Deep. Dark. Wide. Death is surely imminent if anyone dare attempt to brave a crossing. I speak of course of America’s political landscape as the presidential election closes in upon us. Women’s rights seem to be the hinge point – for reasons no one need explain. But it is indeed...

read more

True Legacy of 100 Years of Planned Parenthood

By Palmer Williams1477061676239

“100 years strong.” That is what Planned Parenthood and its allies were chanting this weekend on the 100th anniversary of the abortion giant’s founding. Even President Obama tweeted his support. For a century, Planned Parenthood has made it possible for women to determine their own lives. Here's to...

read more

Defending Investigators of Abortion Industry

By ACLJ.org1476974466989

A recent federal court hearing highlighted the importance of protecting the First Amendment rights of investigative journalists – in this instance, individuals exposing illegal and unethical acts of abortion providers and fetal tissue procurement companies and researchers – as well as the public’s...

read more