ACLJ: NYC Law Targeting Crisis Pregnancy Centers Unconstitutional; Must be Blocked

June 15, 2011

(New York City, NY) - The American Center for Law and Justice (ACLJ) today urged a federal district court to block enforcement of New York’s recently adopted ordinance targeting crisis pregnancy centers in the City.  The ACLJ presented oral arguments before the court on its motion for a preliminary injunction urging the court to prevent the law from being enacted on July 14th.  The hearing comes three months after the ACLJ, which represents numerous crisis pregnancy centers, filed a federal lawsuit challenging the constitutionality of the new ordinance. 

"This is a constitutionally flawed law that forces crisis pregnancy centers to adopt and express views about abortion and contraception that are not their own, that they strongly disagree with," said CeCe Heil, Senior Counsel of the ACLJ. "There's Supreme Court precedent that protects the free speech rights of our client - to express a message of their own choosing, and reject a message with which they disagree. The New York City law violates those protections and we're hopeful that court will step in and put a stop to the enactment of this disturbing measure. With the law set to take effect in a matter of weeks, time is of the essence. "

In oral arguments today before Judge William H. Pauley in U.S. District Court for the Southern District of New York, the ACLJ argued that the new law violates the constitutional rights - including freedom of speech - of the crisis pregnancy centers.  The ACLJ also asserted that the law forces the centers to espouse a message they disagree with and interferes with their right to craft a message of their own choosing.

The ordinance requires crisis pregnancy centers to post signs in the lobbies of their counseling centers, add extensive additional written language to their advertising materials, and to provide oral statements during both "in person" and telephonic conversations regarding the services offered by crisis pregnancy centers.

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 a total of 13 crisis pregnancy centers across New York City.

The suit contends that the ordinance violates the constitutionally protected rights to freedom of speech, freedom of assembly and association, freedom of the press, and due process of law, guaranteed to Plaintiffs by the First and Fourteenth Amendments to the U.S. Constitution, as well as the New York Constitution.

The ACLJ lawsuit is posted here. 

The ACLJ is being assisted in the case by Christopher A. Ferrara, New York Litigation Counsel to American Catholic Lawyers Association, who is serving as local counsel.

Similar ordinances were recently struck down as unconstitutional by federal judges in Baltimore and Montgomery County, Maryland.

Led by Chief Counsel Jay Sekulow, the American Center for Law and Justice focuses on constitutional law and is based in Washington, D.C.