by Steven Ertelt
September 21, 2007
Aurora, IL (LifeNews.com) — Though a judge denied Aurora Planned Parenthood’s first request to open its new abortion business, it will file an amended complaint with more information showing why it should be allowed to open. U.S. District Judge Charles Norgle denied the initial request to stop city officials from keeping the facility closed.
Norgle said Planned Parenthood failed to demonstrate how other medical centers encountered the same problems, but he said he will allow Planned Parenthood to return with more information to support its complaint.
Planned Parenthood’s suit alleged a 14th Amendment violation of its right to equal protection, but Judge Norgle said the abortion center didn’t provide evidence of that.
"Planned Parenthood in its papers and the argument of counsel take the position they were treated differently than any other health facility in the city of Aurora," Norgle said.
"Part of what the plaintiff must show is who these other cases and parties are. No developers are named within the complaint to show that developers were treated differently from Gemini," he added, citing the name Planned Parenthood used to hide its identity.
The abortion business wanted a preliminary injunction allowing it to open before the city completes its probe into problems with its paperwork.
The new abortion facility had been scheduled to open on Tuesday but Aurora city officials refused to give Planned Parenthood its permanent residency permit after it was discovered that the abortion agency used a different name on throughout its application papers.
Steve Trombley, president and CEO of Planned Parenthood/Chicago Area, told the Beacon News that "we intend to amend our complaint. As the judge said, this case is far from over."
He told the Chicago Tribune that his group would continue with the lawsuit to get the center opened.
"At this point it is safe to assume we don’t know when we’ll be able to open," Trombley said. "We are confident that we did everything legally in this case. We are confident that we will be able to open the doors, it’s just a question of when."
Responding to the decision, Eric Scheidler, spokesman for Pro-Life Action League, said the ruling was "a victory for life and a victory for choice."
"It’s the choice for the city of Aurora to choose to stand for their own destiny," he told the newspaper.
The city of Aurora has asked two outside attorneys to conduct an investigation and find out whether Planned Parenthood violated the law or city regulations when it used the name Gemini Office Development LLC on its papers.
Objections were raised with both attorneys and now Kane County state’s attorney John Barsanti has been asked to look into the papers.
Both attorneys are expected to complete their reports by the end of the week and Barsanti will review them. The city has said it will not let Planned Parenthood open for business until the reviews are analyzed.