ACLJ: NY Attorney General to Withdraw Subpoenas Aimed at NYC Crisis
Pregnancy Centers
February 28, 2002
(New York, NY) The American Center for Law and Justice, an international
public interest law firm that specializes in pro-life litigation, was
notified late today that the New York Attorney Generals office is
withdrawing subpoenas issued against pro-life counseling centers in New
York City. The move comes amid mounting pressure from pro-life groups
and occurs just two weeks after the ACLJ filed a motion in court on behalf
Expectant Mother Care to quash a subpoena.
This
is an unexpected victory for the crisis pregnancy centers and for the
First Amendment, said Vincent McCarthy, Senior Counsel of the
ACLJ, which represents Expectant Mother Care, one of five organizations
in New York City that had been subpoenaed by the NY Attorney Generals
office. It is clear that there has been tremendous pressure applied
by the pro-life community since these subpoenas were issued. It is also
clear that the subpoena was designed to intimidate our client and stifle
the pro-life message. We are pleased that the New York Attorney General
is taking the proper course of action and withdrawing the subpoenas.
The ACLJ
filed a motion to quash a subpoena in the Supreme Court of New York
in Manhattan on February 14th contending the subpoena should be dismissed
because it violates the First Amendment rights of the center by attempting
to eliminate constitutionally protected speech.
The ACLJ
is serving as lead counsel in representing Expectant Mother Care, one
of five organizations in New York City that was subpoenaed by the state
Attorney Generals office.
The subpoena
demanded the names of staff and their credentials, training materials,
and copies of all policies and procedures pertaining to client referrals.
The state Attorney Generals office said it issued the subpoenas
in January as part of an investigation into whether the centers dispensed
medical advice to women without being licensed to do so.
McCarthy
said: There has never been any evidence that the crisis pregnancy
centers have done anything wrong. The subpoena was a heavy-handed tactic
designed to intimidate and harass our client. It is clear the subpoenas
should never have been issued in the first place. And, now it appears
the state Attorney Generals office has finally reached that conclusion.
McCarthy
said the ACLJ will now monitor the actions of the state of New York
very closely with respect to any investigation or action aimed at Expectant
Mother Care. At the same time, McCarthy said the ACLJ is closely monitoring
the actions of the National Abortion Rights Action League (NARAL)
which is implementing a strategy to target crisis pregnancy centers
in New York City, and according to news reports now in
California.
The ACLJ
is an international public interest law firm and educational organization
that specializes in constitutional law and litigation involving the
issue of life. The ACLJ is headquartered in Virginia Beach, VA and its
web site address is www.aclj.org.
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