Suit Claims Hartford Ordinance Favors Abortion Groups, Impinges Pro-Life Work
A pro-life group has sued Hartford, alleging that an ordinance forces its mobile care units to abide by rules that pro-choice health centers do not have to follow.
April 19, 2019 at 11:39 AM
4 minute read
A pro-life, faith-based pregnancy care center has filed a federal lawsuit against the city of Hartford, claiming a recent ordinance targets its mobile care unit because of its views on abortion.
The lawsuit, filed Thursday in U.S. District Court for the District of Connecticut, notes that abortion clinics, community health centers and other health care entities are exempt from the ordinance. The ordinance exempts any facility or office that the state or federal governments license to provide medical or pharmaceutical services. The ordinance took effect Oct. 1, 2018.
“Hartford is intent on interfering with certain views about life, pregnancy and motherhood,” the lawsuit states. “Hartford has thus crafted a speaker-based, viewpoint-based law targeting speech only of speakers espousing certain pro-life moral, religious, and philosophical beliefs.”
The lawsuit, filed on behalf of Willimantic-based Caring Families Pregnancy Services Inc., and its mobile care units, is asking the court to enjoin enforcement of the ordinance and to declare it unconstitutional. The ordinance, the lawsuit says, targets pro-life pregnancy resource centers such as the mobile care units.
At the crux of the lawsuit, which claims Hartford's ordinance violates the laws of Connecticut and the U.S. Constitution, is the “compelled speech” part of the ordinance, which mandates that pregnancy resource centers, such as mobile care units, make certain required statements, including to disclose if it doesn't have a licensed medical provider on the premises at all times. In addition, the lawsuit claims, some parts of the ordinance are vague and unclear.
The lawsuit states: “Although Mobile Care has a licensed medical provider, either a registered nurse or a certified ultrasound technician or both, on its units at most times it is in operation, Mobile Care is uncertain whether Hartford may apply the compelled speech provision to Mobile Care, because of the vague working of the ordinance and implementing rule.”
There are times, the lawsuit states, “when Mobile Care's licensed medical providers are not on the premises. Under the ordinance, Mobile Care would be required to [meet] the burdensome compelled speech at all times, permanently posted both in and out of its facility and on its website, and over the telephone in conversations with potential clients.” The lawsuit states that “no other entities are required to post the signs or make the verbal statement.”
Neither Hartford Mayor Luke Bronin, nor Thea Montanez, chief of staff and interim chief operating officer, responded to a request for comment.
In a statement emailed to the Connecticut Law Tribune Friday afternoon, Hartford Corporation Counsel Howard Rifkin said: “The City of Hartford is confident that our ordinance meets the constitutional tests set forth in the recently decided US Supreme Court Case, NIFLA v. Becerra. The ordinance is carefully crafted and does not attempt to impinge upon free speech or freedom of religion. Rather, it seeks to ensure that women seeking reproductive counseling and services are fully informed about the nature of the services provided by these centers. The City of Hartford will vigorously defend this ordinance.”
The mobile care units provide free services in Hartford a few days each month. Caring Families, which operates the mobile care units, offers free pregnancy testing, ultrasounds, adoption referrals, parenting classes, Bible studies, and support groups. As a pro-life group, they do not offer any types of abortion services. That is where there is a double standard, according to those who filed the suit.
The Arizona-based Alliance Defending Freedom, a pro-life organization, filed the lawsuit. Representing the plaintiffs is attorney Patricia Stewart of Stewart Law Offices. Stewart did not respond to a request for comment.
The alliance posted a statement regarding the lawsuit on its website.
“No woman should feel alone, hopeless, or without options during an unexpected pregnancy,” said ADF legal counsel Denise Harle. “Hartford has no business implying—by force of law—that Caring Families and other pro-life care providers are anything but competent and tolerant. Worse still, Hartford claims it's promoting comprehensive information about health care but only censors and interferes with specific views about life, pregnancy, motherhood—a double standard that's both troubling and unconstitutional.”
In addition to seeking to have the court rule that the ordinance is unconstitutional, the lawsuit also seeks compensatory and nominal damages. It cites six causes: violation of the First Amendment, establishment clauses; violation of the First Amendment, freedom of speech; violation of the First Amendment, free exercise of religion; violation of the First Amendment, freedom of expressive association; violation of the Fourteenth Amendment, procedural due process; and freedom of religion.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllRead the Document: 'Google Must Divest Chrome,' DOJ Says, Proposing Remedies in Search Monopoly Case
3 minute readApple Asks Judge to 'Follow the Majority Practice' in Dismissing Patent Dispute Over Night Vision Technology
'Don't Be Afraid to Dumb It Down': Top Fed Magistrate Judge Gives Tips on Explaining Complex Discovery Disputes
State High Court Adopts Modern Standard for Who Keeps $70K Engagement Ring After Breakup
Trending Stories
- 1'It Refreshes Me': King & Spalding Privacy Leader Doubles as Equestrian Champ
- 2Class Action Filed Against Houston Health Savings Account Firm for Allegedly Confiscating Client Funds
- 3These 2 Lawyers Just Became Florida Judges
- 4'Disease-Causing Bacteria': Colgate and Tom’s of Maine Face Toothpaste Class Action
- 5Trump's SEC Overhaul: What It Means for Big Law Capital Markets, Crypto Work
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250