Court issues injunction
For second time, 8th U.S. District Court delays enforcement of Mo. abortion law.
Published Sept. 25, 2007
Planned Parenthood of Kansas and Mid-Missouri again avoided having its Columbia and Kansas City health centers shut down when 8th U.S. District Circuit Court Judge Ortrie Smith granted a preliminary injunction Monday in favor of the abortion and sexual health provider.
The injunction blocks the section of a bill that requires Missouri abortion providers to comply with ambulatory surgical center regulations, said Michelle Trupiano, Planned Parenthood of Kansas and Mid-Missouri spokeswoman. Only the St. Louis health center meets ambulatory surgical center regulations.
"We're very pleased that Judge Smith halted enforcement of this law and recognized the harm that women would suffer if it were enforced," stated Peter Brownlie, President and CEO of Planned Parenthood of Kansas and Mid-Missouri, in a news release issued Monday. "This decision sends a clear message to those who seek to undermine the rights of Missouri women — you can't play politics with women's lives."
Smith issued a temporary restraining order on the law on Aug. 28, the day it went into effect, and he has now issued a preliminary injunction blocking the ambulatory surgical center provision of the law until the court rules on the law's constitutionality.
Trupiano said it usually takes about four to six months after an injunction is filed until the court hears the case.
"We're very hopeful it will be ruled unconstitutional," she said. "We hope the judge will see the law for what it is: a blatant and unconstitutional attempt to shut down abortion providers."
If Judge Smith had not granted the injunction Monday, the Planned Parenthood centers in Columbia and Kansas City would have been forced to undergo extensive renovations to meet the requirements for an ambulatory surgical center, and it is possible they would have had to shut down immediately, Trupiano said.
She also said the judge could have issued another temporary restraining order to give the health centers a few weeks to try and comply with the regulations. Either way, if the judge had not issued the injunction, Planned Parenthood would have probably appealed the decision, Trupiano said.
"We truly regret having to spend time and effort on this matter instead of expanding family planning and sex education programs," Brownlie stated in the news release. "And we truly regret that the State of Missouri continues to spend time and taxpayer money on a misguided law that does nothing to reduce the need for abortion."