Abortion in Cincinnati

Today, the Ohio ACLU announced a lawsuit challenging three abortion-related amendments passed in June as part of Ohio’s state budget bill. The suit alleges all three amendments violate the Ohio Constitution’s “single subject” rule and are therefore unconstitutional.

“To put it simply, none of these amendments have any place in the state budget bill,” said Susan Scheutzow, ACLU cooperating attorney and partner at the law firm of Kohrman Jackson & Krantz. “This massive bill is not intended to deal with new policy; the single subject of the budget should be the appropriation of funds for existing government programs or obligations."

One of the amendments in question bans public hospitals from making transfer agreements with abortion clinics. Another requires clinics to present patients with evidence of a fetal heartbeat before performing an abortion.

The suit was filed on behalf of Preterm, a Cleveland women’s health clinic that provides contraception, birth control, pregnancy counseling, and abortion services.

Today Hamilton County Court of Common Pleas Judge Jerry Metz heard arguments from lawyers for abortionist Martin Haskell and the Ohio Attorney General regarding the Ohio Department of Health's ruling that the abortion clinic in Cincinnati must close.

In his decision Judge Metz agreed with Magistrate Michael Bachman and upheld the Ohio Department of Health’s January 2014 order to close the Women’s Med Center abortion clinic for failing to comply with laws related to patient safety. Judge Metz also did not extend the stay of execution he approved for the abortion facility during the appeal process. The stay expires in five days.

The case will no longer be heard in the Hamilton County Court of Common Pleas, but Women’s Med Center attorneys may possibly appeal to the First Appellate District Court of Appeals.

A lawsuit has been filed on behalf of the Sharonville Women’s Med Center abortion facility, owned by notorious late-term abortionist Martin Haskell, against the Ohio Department of Health for ordering the facility closed for not operating according to lawful health and safety standards.

The lawsuit came just days before Hamilton County Court of Common Pleas Judge Jerry Metz will hear arguments from both Martin Haskell and Attorney General lawyers to decide whether or not to concur with Magistrate Michael Bachman and uphold the ODH order. The hearing will take place this morning. Pro-life groups plan to rally outside the courthouse.

“This abortion provider will stop at nothing to skirt the law,” said Paula Westwood, Executive Director, Right to Life of Greater Cincinnati. “Abortion is a serious procedure for women and lethal for their unborn babies. At the very least women deserve commonsense health and safety standards for patients.”

Hamilton County Court of Common Pleas Judge Jerry Metz has extended a stay of execution permitting late-term abortionist Martin Haskell’s Women’s Med Center (also known as Lebanon Road Surgery Center) in Cincinnati to stay open.

The stay is prolonged while Judge Metz says he is evaluating a Magistrate’s verdict upholding the Ohio Department of Health’s order to close for failing to meet lawful health and safety standards for patients.

After the ODH order in January, the Women’s Med Center remained open under a stay of execution granted by Judge Metz – the same judge to whom the case was initially assigned. Now that Judge Metz has extended the stay, the Women’s Med Center still remains open to operate outside the law without meeting medical safety standards required of all ambulatory surgical facilities in the state.

On June 30th, Magistrate Michael Bachman upheld the Ohio Health Department’s order that Martin Haskell’s Women’s Med Center abortion business in Sharonville, a suburb of Cincinnati, Ohio, be denied a license and closed for operating outside the law.

Magistrate Bachman’s decision, formally docketed, July 10, 2014, states: “The Stay granted in this matter granted on January 31, 2014 shall end at the close of business (4 p.m.) on the day this Magistrate’s Decision is docketed.”

Judge Metz is responsible for the final action to accept, deny, or modify the Magistrate’s decision.  Attorneys for the abortion business have 14 days to file objections to the Magistrate’s decision for Judge Metz to review.

“The protection granted this abortion provider to keep operating outside the law at the risk of women’s health and safety is astounding,” said Paula Westwood, Executive Director, Right to Life of Greater Cincinnati.

Judge Metz is up for re-election this November. He is running against Charles Miller.

Hamilton County Court of Common Pleas Magistrate Michael Bachman heard oral arguments yesterday for Lebanon Road Surgery Center vs. State of Ohio Department of Health, Monday. Magistrate Bachman upheld the Ohio Department of Health’s order that Martin Haskell’s abortion facility in Sharonville, Ohio be denied a license and closed for operating outside the law.

The attorney presenting arguments for LRSC was Jennifer Branch. The attorney representing the Ohio Department of Health and Director Ted Wymyslo was Assistant Attorney General Melissa Wilburn. Several pro-life representatives attended the hearing, while other pro-life observers maintained a peaceful presence on the steps of the court house. Magistrate Bachman set July 10th for the attorneys for the state to submit a draft magistrate decision (documenting what was decided). Magistrate Bachman will review this draft, make any appropriate edits, and file his decision with the Clerk of Courts.

Attorneys for the abortion facility and attorneys for the state have 14 days to file objections to Magistrate Bachman’s decision. If objections are filed by either party, the objections go to the original trial judge, Hamilton County Court of Common Pleas Judge Jerry Metz. Judge Metz will review any submitted objections and make a final determination of whether to accept Magistrate Bachman’s decision or not. There is no time limit for Judge Metz to make his conclusion. Lebanon Road Surgery Center will remain open until July 10th. Whether or not the Lebanon Road Surgery Center requests a second stay of execution from Judge Metz to remain open beyond July 10th remains to be seen.

Another possible course of action is that the Lebanon Road Surgery Center could bypass filing objections to Magistrate Bachman’s decision completely, and within 10 days of today’s ruling file a motion to set aside Magistrate Bachman’s order and request that his order be stayed. A motion to set aside Magistrate Bachman’s order would also go to Judge Metz to decide, and the Lebanon Road Surgery Center would continue to operate in the meantime. Regardless of any course of action taken by the attorneys involved, Lebanon Road Surgery Center cannot appeal to another court–should this be desired–until Judge Metz makes his final ruling.

In August of 2013 Sharonville, Ohio's Zoning Board of Appeals denied a variance to abortionist Martin Haskell to erect a new eight foot sign advertising his Women’s Med Center abortion clinic in the Cincinnati suburb.

The abortion business sign would replace one that had been blown down, but closer to Lebanon Rd., thus requiring a variance for that location.

Martin Haskell appealed the Zoning Board’s denial to the Hamilton County Court of Common Pleas, where the case was heard before Magistrate Michael Bachman.

Judge Leslie Ghiz confirmed the decision of Magistrate Bachman to grant a variance, overruling the Zoning Board’s denial and granting permission for the sign. In a review by the Cincinnati Bar Association, Ghiz received a majority of "fair" or "poor" ratings for integrity, character and objectivity.

At a well-attended press conference, Greater Cincinnati attorneys Tom Condit, Brian Hurley, and James Urling; attorney and former Ohio State Representative Mike Gilb; and Rev. Arnold Culbreath, Urban Outreach Director, Protecting Black Life provided analysis and related issues of concern regarding Judge Jerome Metz’ stay of execution granted to the Lebanon Road Surgery Center (Women’s Med Center) abortion clinic in Cincinnati, Ohio.

The Women’s Med Center abortion facility has been operating outside the law for months, without a written transfer agreement or variance (legal exception) to cover patient emergencies.

Judge Metz’ stay protects the business interests of late term abortionist Martin Haskell by permitting the Women’s Med Center to remain open during the appeal of an Ohio Department of Health order to close, due to noncompliance with preventive patient health and safety policies required by all other ambulatory surgical facilities in the state.

Participating attorneys said that in this case judicial activism was protecting abortion and abortionists at every level of government, despite established law.

"Aside from the atrocities of abortion," said attorney Tom Condit. "All the abortion 'rights' have really come from a rogue decision. That’s not the rule of law in America... that’s Roe v. Wade."

Rev. Culbreath explained what he sees as the abortion industry’s targeting of minority women and their unborn babies, including statistics in Hamilton County, home of the Women’s Med Center and Planned Parenthood of Southwest Ohio.

"According to the Center for Disease Control and Prevention," he said. "In 2008 there were 289,072 black deaths from all causes excluding surgical abortions, and in that same year of 2008 surgical abortions claimed the lives of 360,000 black babies."

Hamilton County Court of Common Pleas Judge Jerome "Jerry" Metz has approved a motion for a stay of execution for the Lebanon Road Surgery Center (Women’s Med Center) abortion facility in Cincinnati.

With the stay approved, the Women’s Med Center will remain open during its appeal of an Ohio Department of Health order denying its license.

The Women’s Med Center has been operating outside the law for months, without a written transfer agreement or variance (exception) to cover patient emergencies.

Tuesday, January 28th, the Women’s Med Center filed a notice of appeal in the Hamilton County Court of Common Pleas against the Ohio Department of Health’s order to revoke and not renew this ambulatory surgical facility’s license for failing to have a written transfer agreement with a local hospital.

Wednesday, January 29th, the Women’s Med Center filed a motion for a stay of execution, to remain open during the appeal process.

Thursday, January 30th, abortionist Martin Haskell submitted an affidavit listing his reasons for a stay. In it he openly admits to aborting children late term, including the disabled, and training others to do so.

“Every day the Women’s Med Center is open means more little ones will not see the light of day, and more women are targeted by the abortion industry,” said Paula Westwood, Executive Director, Right to Life of Greater Cincinnati. “This abortion facility has not met established health and safety requirements far too long, and its closure is more than justified.”

The Women's Med Center abortion clinic in Cincinnati has appealed the decision by the Ohio Department of Health not to renew their license to operate.

Barring an injunction by the appeals court, which the abortion clinic is pursuing, the Women's Med Center (only the Cincinnati location) would be required to stop performing abortions by February 4th.

The abortion clinic was investigated by the Ohio Department of Health after many botched abortions and alleged illegal abortions.

Abortion rights and women’s health will rank as key issues in the 2014 election, Ohio’s Democratic candidates for statewide office said Wednesday, because of Republicans’ efforts to pass several abortion-related laws last year.

“Unfortunately, it keeps getting tougher and tougher and tougher for women to avail themselves of rights that they believed they were entitled to,” Democratic gubernatorial candidate Ed FitzGerald told reporters. “So I think it’s putting the issue front and center. ... I can’t think of a health care restriction that has been proposed or supported by Gov. (John) Kasich that specifically targets or affects men.”

Anti-abortion and Republican leaders say Ohioans support the restrictions. They say Democrats will lose support over their stance on abortion, especially among rural and moderate voters.

Read the rest of this article at LancasterEagleGazette.com