Ohio Attorney General Mike DeWine Asks Court to Close Last Abortion Clinic in Toledo

State   Steven Ertelt   Jul 13, 2015   |   4:27PM    Toledo, OH

On Friday, Attorney General Mike DeWine filed an appeal with the Sixth District Court of Appeals regarding a decision to allow Capital Care Network of Toledo to remain open.

Last year, an Ohio Department of Health hearing examiner ruled that Capital Care Network of Toledo be closed because it lacks a valid, legally required transfer agreement with a “local” hospital, as required by state law.

When the abortion clinic was unable to secure a transfer agreement with any Toledo hospital, CCN, the last abortion clinic in Toledo, entered into a transfer agreement with an out-of-state hospital at the University of Michigan. Because the hospital is located 52 miles away from CCN, the hearing examiner found that it does not meet the “local” requirement.

In June, the judge in the case ruled that the abortion clinic can stay open. Friday’s filing is an appeal of that ruling.

“The law is crystal clear and affords no loopholes to Ohio’s abortion industry,” said Mike Gonidakis, president of Ohio Right to Life. “If the abortion industry wants to pretend like it’s a part of America’s traditional medical community, then it needs to play by the same rules. If a facility can’t meet those standards, then there’s no reason for us to believe that it should be allowed stay open and continue to risk the health of women and take the lives of babies.”

Unable to obtain a transfer agreement with a local hospital, Capital Care Network attempted to enter into a transfer agreement with an out-of-state hospital. Because the hospital is located over 50 miles away, the Department of Health ruled that it does not meet health and safety standards. While the abortion clinic’s legal counsel argued that this out-of-state hospital met the “local” requirement of the law, a hearing examiner ruled a year ago this week that it did not meet the definition of “local.”

Last month, the Lucas County Court of Appeals ruled against the Ohio Department of Health, allowing the facility to remain open. An Ohio Right to Life initiative, signed into law with the state budget, brings further clarity to the law, defining “local” as within a 30-mile radius of a given facility.

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“Ohio Right to Life and our statewide membership commend Attorney General Mike DeWine for his continued leadership on this case,” said Gonidakis. “This facility’s year-long push to flout Ohio law and to seek special privileges just goes to show how dogmatic and greed-driven the abortion industry truly is. Ohio Right to Life calls on the court to expedite the appeal, and restore the rule of law to our state.”

To read the notice of appeal that was filed with the Sixth District Court, click here.

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