ACLJ Urges Appeals Court to Uphold Decision Declaring Baltimore Law Targeting Crisis Pregnancy Centers Unconstitutional

June 7, 2011

(New York City, NY) - The American Center for Law and Justice (ACLJ), which is challenging a New York City ordinance that targets crisis pregnancy centers, today urged a federal appeals court to uphold a decision declaring a similar ordinance in Baltimore unconstitutional.  The ACLJ filed an amicus brief at the U.S. Court of Appeals for the Fourth Circuit arguing that a federal district court correctly ruled that the Baltimore ordinance is unconstitutional.

"There's a concerted effort on behalf of pro-abortion organizations to systematically target and punish crisis pregnancy centers in cities across America," said CeCe Heil, Senior Counsel of the ACLJ. "The Baltimore ordinance was the first of its kind, and now other cities, including New York City, are following suit. We are urging the appeals court to uphold a lower court decision declaring the Baltimore statute unconstitutional and unenforceable.  We're  hopeful that these laws, including the one in New York City that we're challenging in federal court, ultimately will be exposed for exactly what they do: violate the First Amendment rights of crisis pregnancy centers."

In the Baltimore case, a federal district court declared earlier this year that the law requiring pro-life pregnancy centers to post signs stating they do not refer for abortions or birth-control violates the Freedom of Speech Clause of the First Amendment.

In an amicus brief filed today, the ACLJ argues the Baltimore law is not only unconstitutional, but was part of an organized plan by pro-abortion organizations to target crisis pregnancy centers across the country.

The brief contends:  "The Ordinance is part of a nationwide campaign waged by pro-abortion groups, particularly NARAL Pro-Choice America and its affiliates and legislative allies, to target, marginalize, and distort the message of CPCs, organizations that do not provide or refer for abortion or contraceptives due to their sincerely held religious or moral beliefs."  The amicus brief is posted here.

The Baltimore appeal comes as the ACLJ continues to litigate its case against New York City.  The ACLJ filed its lawsuit challenging the New York City ordinance in March on behalf of numerous crisis pregnancy centers.

The New York City 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 lawsuit, posted here, 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 is requesting that the court issue a preliminary injunction in the case, blocking enactment of the law.  A hearing on that request is scheduled for June 15th.

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