Subpoenas
Yanked, But Crisis Pregnancy Centers Warn Battle Not Over
By Jason Pierce
CNSNews.com Staff Writer
(CNSNews.com)
- There was no boasting Friday from the operators of pro-life crisis
pregnancy centers in New York State, despite the fact that the state's
attorney general had withdrawn subpoenas that were part of an investigation
into whether the centers provided "deceptive" medical information
to women.
New
York Attorney General Elliot Spitzer issued subpoenas to the centers
in January, demanding that they divulge the names of all staff members
and their credentials, as well as the training materials, policies and
procedures used to counsel pregnant women. Spitzer's office said the
subpoenas were the result of women complaining about misleading advertising
and inappropriate medical counseling at the crisis pregnancy centers.
Thursday,
Spitzer struck a deal with one of the centers, Birthright of Victor,
N.Y., which agreed to four conditions in exchange for the subpoena being
withdrawn. Under the agreement, Birthright must:
--
Clearly inform persons who inquire about abortion or birth control,
that Birthright does not provide those services or make referrals for
them;
--
Disclose verbally and in writing-before providing a pregnancy test or
counseling about pregnancy-that the center is not a licensed medical
provider qualified to diagnose or accurately date pregnancy, and inform
women that only a licensed medical provider can confirm pregnancy or
provide medical advice about pregnancy;
--Clarify
in advertising and consumer contacts that the pregnancy tests it provides
are self-administered;
--And
tell persons who call or visit the center that it is not a medical facility.
Several
phone calls seeking an interview with Birthright International, the
parent organization for the Birthright facility in Victor, were not
returned.
Spitzer
also decided, as a way of bringing several other crisis pregnancy centers
to the bargaining table, to withdraw the subpoenas issued to them back
in January.
"This
agreement, which builds on previous consent decrees, sets forth a simple
standard for CPCs," Spitzer said. "Its provisions are reasonable
and fair and should benefit both CPCs and women seeking help.
"Using
this solid settlement as a model, we hope to resolve outstanding issues
regarding these centers," he said.
Spitzer
added that the agreement in no way undermined the crisis pregnancy centers'
right to free speech.
"This
agreement shows that our goals-to combat deceptive practices and to
prevent unlicensed practice of medicine-are fully consistent with a
center's exercise of its free speech right to try to persuade women
not to seek abortion," Spitzer said.
Vincent
McCarthy, senior counsel of the American Center for Law and Justice
(ACLJ), which represents one of the affected crisis pregnancy centers,
called the agreement "an unexpected victory for the crisis pregnancy
centers and for the First Amendment."
McCarthy
added that the efforts by ACLJ and others to quash the subpoenas had
a clear effect on Spitzer's decision-making.
"It
is clear that there has been tremendous pressure applied by the pro-life
community since these subpoenas were issued," McCarthy said in
a statement. "It is also clear that the subpoena was designed to
intimidate our client and stifle the pro-life message."
Too
Early to Claim Victory?
The
subpoenaed crisis pregnancy centers are generally relieved that the
documents have been withdrawn, but when Chris Slattery, founder and
director of the Expectant Mother Care facilities in New York City, was
asked if he wanted to claim victory, he said, "Absolutely not."
Slattery
said the criteria for increased disclosure, set forth by Spitzer, are
an attempt at intimidation.
"This
is just a tactical move for him to avoid having to defend against seven
motions to quash, seven court cases, and he wants to try to regain the
[public relations] initiative," Slattery said. "He wants to
show himself as the master of destiny here of the crisis pregnancy center
movement, he wants to be the master of our destiny, and ultimately the
master of the destinies of the unborn and expectant mothers all over
the state.
"He
thinks he can manipulate our centers by thinking we are going to cave
in because Birthright chose to waive their Constitutional right to avoid
extended litigation and a fight," Slattery said. "But the
reality is, the oppressive client turnoff regulations Birthright agreed
to are onerous, oppressive, violations of our free speech."
Slattery
added that if anybody won on Thursday, it was probably the New York
attorney general.
"If
our side declares victory when a Birthright decides to carve up its
own Constitutional rights, then we are real saps," Slattery said.
"They are trying to use this as [public relations] leverage and
legal leverage to get the rest of us to cave in and capitulate to their
demands.
"The
only reason they dropped the subpoenas was to avoid the hellish court
battles -- we were trying to get their motions quashed. That does not
mean their investigation is over. They still hold a lawsuit over our
heads if we don't capitulate," Slattery said.
Jacque
Wagner, executive director of Care Net Pregnancy Center of Central New
York, said her organization was happy with Spitzer's decision, but is
leery of what the future holds.
"We
were relieved to know it was not going to be taking up any more of our
time and energy, at least for a while," Wagner said. "Hopefully
this will be the end of it, and we can get back to business.
"I
hope [Spitzer] backs off and leaves us alone, but that may be na\'efve,"
she said.
Wagner
said she was also disappointed with Birthright's decision. Care Net,
along with several others, do not plan to abide by Spitzer's new criteria,
she said.
"I
am very disappointed that Birthright made an agreement with them,"
Wagner said. "I think they sold themselves out from the perspective
that they are now held to some very difficult requirements. I think
that was unfortunate.
"I
don't think they have set the precedent for the rest of us; I think
[Spitzer] is just trying to put that spin on it," she said.
Slattery
said Expectant Mother Care, along with the other crisis pregnancies,
would meet with Spitzer.
"We
will sit down, but they have already made clear where they are coming
from," Slattery said. "They say the Birthright agreement is
what they consider a model; I think the standard is a hellish violation
of our First Amendment rights."
Slattery
said it's much too early to declare victory.
"In
a boxing match, I don't declare victory after Round 1 is won,"
Slattery said. "I don't declare victory too early because my supporters
lose all interest in our battle if they think this is over, as it is
over for Birthright."
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