AUSTIN, Texas, Jan. 25, 2012/Christian Newswire --
Attorneys with Jubilee Campaign's Law of Life Project and two other pro-life legal defense organizations announced this morning that they have delivered a letter to the City of Austin's legal counsel urging the City at its next meeting tomorrow to repeal Austin City Code Chapter 10-9 and withdraw proposed Chapter 10-10 because both abridge Austin Life Care's constitutional rights to freedom of speech, association and religious free exercise under both state and federal law. The letter concludes: "We look forward to hearing from your office regarding this matter on or before January 26, 2012. We are hopeful that you will concur with us that Chapter 10-9 ought to be repealed and proposed Chapter 10-10 withdrawn as unconstitutional and, therefore, unenforceable against any covered entity located in Austin, including our client. Should your client not do so we will assume, until advised otherwise, that your client simply wishes to resume the pending litigation and risk the substantial 'further litigation costs' such an unfortunate and unconstitutional decision necessarily entails."
Austin LifeCare's Executive Director, Pam Cobern, said: "Austin LifeCare has been serving women in Central Texas with excellence and without charge for more than 27 years. Our communications are clear, honest and appropriate. We provide all clients with full disclosure of the types of 'life-affirming' services we provide starting with the 'about us' and 'services' tabs on our web site. Every person who mentions abortion while calling Austin LifeCare for an appointment is told we neither perform nor refer for abortion. Before she can meet with a counselor or nurse, the woman signs a statement that states 'the Center does not perform or refer for abortions.' In addition, there are framed 'Commitment of Care' statements reiterating this fact displayed prominently in the waiting area. Our clients receive medically accurate and unbiased information, including limited ultrasound services under direct physician supervision, to help them make their own decision, not one imposed by someone else's agenda. Austin LifeCare trusts women, tells them the truth, and treats them with dignity and respect while respecting their right to choose in the most fully informed fashion they request."
General Counsel of the Jubilee Campaign's Law of Life Project, Samuel Casey, said: "Having hand-delivered two demand letters to the City on April 22 and September 16 asking it to stand down from enforcing its unconstitutional ordinance and being completely stone-walled, in the face of our multiple requests for some reply, we had no choice now but to file our Verified Complaint seeking judicial relief, including a preliminary injunction. When we did so, the City's lawyers agreed not to enforce the unconstitutional ordinance to give the City time to repeal it. We are glad that the City's Legal Department has now advised the City to do so to 'avoid further litigation expense.' We are encouraging the City to do just that and not to make matters worse by simply adopting an even more unconstitutional ordinance in its place as Council Spelman and Martinez are proposing."
On April 8, 2010, after no more than a 30 minute hearing wherein its rules were waived and discussion was limited by the presiding officer to "15 minutes per side," and no evidence of any unlawfully deceptive or misleading conduct by LifeCare was presented, Austin City Council passed Chapter 10-9 to restrict the operations of what it calls "Limited Service Pregnancy Centers," facilities that help pregnant women carry their babies to term without offering abortions, referrals to abortionists, or so-called "comprehensive birth control services." Under the ordinance, centers such as Austin LifeCare are required to "prominently display, at the entrance of the center, two black and white signs, one in English and one in Spanish, that state as follows: 'This center does not provide abortions or refer to abortion providers. This center does not provide or refer to providers of U.S. Food and Drug Administration approved birth control drugs and medical devices.'" The first offense is punishable by a minimum $250 fine; a minimum fine of $350 is issued for the second offense and a minimum $450 fine for the third. The fines only apply to individuals or organizations that primarily provide counseling information about pregnancy services or options. The ordinance does not require centers performing or referring for abortions to post any kind of signs about services that they do not offer....
Read entire press release here.
