- Obama not worried about Ebola at upcoming African summit in D.C.
- Obama: ‘We tortured some folks’ after 9/11
- Obama administration asked whole D.C. Circuit to take on major Obamacare case
- Mark Levin: Topple GOP leadership or country will ‘unravel’
- Massachusetts to let police chief deny gun buys to those deemed unfit
- John Kerry condemns attack on Israeli soldiers, kidnapping
- U.S. starts to evacuate American Ebola patients from West Africa: Report
- Geraldo slammed as ‘dummy’ for backing Clinton’s bin Laden claim
- Israeli spokesman: No need to debate who broke the cease-fire
- 35 Palestinians killed; Israeli officer missing
Abortions went on at shuttered clinic
Judge says doctor not licensed
Question of the Day
An Alabama judge ruled Thursday that a doctor who has been providing abortions in a closed Birmingham clinic is himself operating without a proper license and must stop immediately.
The ruling is another blow to Ms. Derzis, who is struggling on another front to keep open a clinic she owns and operates in Jackson, Miss. — the state’s only abortion clinic. Dr. Norman provides abortions for the Mississippi clinic.
The Alabama abortion clinic at the heart of the suit attracted national attention when it was bombed by radical anti-abortion activist Eric Rudolph in 1998.
Thursday’s ruling by Judge Joseph Boohaker in Alabama’s Jefferson County Circuit Court pleased pro-life advocates.
“The only question that was really before the court was whether or not this particular facility fell within the definition of an abortion facility under Alabama law,” said Allison Aranda, an attorney for Life Legal Defense Foundation, which filed a friend-of-the-court brief in the case.
A comment was not immediately available from the ADPH, which brought the case against Ms. Derzis, Dr. Norman, Patrick H. Smith and All Women's Inc. Defense attorney Howard Miles also could not be reached.
The case involved a facility on 17th Street South in Birmingham that was for years the location of the New Woman All Women Health Care, run by Ms. Derzis. Dr. Norman and other doctors once performed about 150 abortions there a month.
In 2012, the ADPH investigated the clinic after receiving complaints that two female patients had overdosed at the clinic and had to be hand-carried down the steps before they could be taken to a hospital in an ambulance.
The ADPH found numerous problems with the clinic, including improper administration of medicines to patients and lack of accessibility to emergency responders.
The agency later revoked the clinic’s license as part of a consent agreement with Ms. Derzis. The order mandated that any new owner of the facility must be independent and not affiliated with New Woman All Women Health Care, or its officers and directors, and not employ Ms. Derzis. The clinic closed in 2012.
Brian Hale, an attorney with ADPH, told the court earlier this week that Ms. Derzis, Dr. Norman and the other defendants have been attempting to sidestep the consent agreement in their quest to provide abortions.
‘“That’s all that is being done there,” said Mr. Hale, citing utility and phone records showed that Ms. Derzis is still involved in the facility.
Mr. Miles, the defense attorney, countered that everything was legal and that the facility was Dr. Norman’s private office.
In his ruling, Judge Boohaker said that, based on Dr. Norman’s own testimony, he was satisfied that the doctor has performed 30 or more abortions for two months during the calendar year, which rendered his office an abortion center under state law.
• This article is based in part on wire service reports.
© Copyright 2014 The Washington Times, LLC. Click here for reprint permission.
About the Author
Cheryl Wetzstein covers family and social issues as a national reporter for The Washington Times. She has been a reporter for three decades, working in New York City and Washington, D.C. Since joining The Washington Times in 1985, she has been a features writer, environmental and consumer affairs reporter, and assistant business editor.
Beginning in 1994, Mrs. Wetzstein worked exclusively ...
- Massachusetts lawmakers OK new abortion clinic buffer law
- Mississippi abortion law can't be enforced
- Federal appeals court rules against Virginia's gay marriage ban
- Events honoring 20th National Parents' Day reaffirm family
- '50 Shades' movie trailer outrages anti-porn groups
Latest Blog Entries
- Gay therapy ban author seeks Calif. House seat
- Transgender 'bathroom law' gets 5,000 more signatures
- Pro-life, stem-cell bill signed into law by Kansas Gov. Sam Brownback
- N. Dakota lawmakers approve tough abortion bill
- Pope Benedict XVI's successor should allow priests to get a new title: Husband, poll finds
TWT Video Picks
By Orrin G. Hatch
Procedural changes impede the chamber's traditional deliberative function
- Border agents cleared of civil rights complaints from illegal immigrant children
- U.N. condemns Israel, U.S. for not sharing Iron Dome with Hamas
- Obama military strategy too weak for future security, panel reports
- Porn-surfing feds blame boredom, lack of work for misbehavior
- Ben Carson takes major step toward presidential campaign
- Feds raid S.C. home to seize Land Rover in EPA emission-control crackdown
- Ted Nugent slams 'lying freaks' at liberal media: I'm 'doing God's work'
- CRUZ: A tale of two hospitals: One in Israel, one in Gaza
- Report: 40% of weapons sent to Afghanistan are unaccounted for
- House backs faster deportations, cancels 'Dreamer' policy
Top 10 U.S. military helicopters
Obama's biggest White House 'fails'
Celebrities turned politicians
Athletes turned actors