Six of eight antiabortion-rights crisis pregnancy centers (CPCs) in the Los Angeles area are allegedly violating a state law (AB 775) that aims to prevent CPCs from spreading misinformation, according to a recent investigation, KPCC reports.
Overall, according to the antiabortion-rights California ProLife Council, there are 189 CPCs in the state (Plevin, KPCC, 4/19).
Law details
Gov. Jerry Brown (D) signed the Reproductive Freedom, Accountability, Comprehensive Care, and Transparency (FACT) Act into law in October 2015. It took effect Jan. 1. The law, which was introduced by Assembly members David Chiu (D) and Autumn Burke (D), expands protections in a 2011 San Francisco ordinance (212-11) that bars CPCs from disseminating misleading information.
The law requires licensed facilities that provide services related to pregnancy and family planning to let women know how and where they can access affordable and timely abortion, contraception and prenatal care services.
Further, the law requires unlicensed facilities that provide pregnancy- and family planning-related services to tell patients the facilities are not licensed and that they have no staff members who are licensed providers. Such facilities are required to disseminate a notice to patients at the facility and in any digital or print advertising materials stating, "This facility is not licensed as a medical facility by the State of California and has no licensed medical provider who provides or directly supervises the provision of services."
CPCs that do not comply with the law are subject to a $500 fine for the first offense and a $1,000 penalty for any offense thereafter. The state attorney general, county councils and city attorneys have the authority to enforce the law.
In March, a NARAL Pro-Choice California investigation found that at least two Sacramento-based CPCs were allegedly violating the law (Women's Health Policy Report, 3/16).
According to KPCC, CPCs have filed five separate legal challenges against the state law. Judges have rejected CPCs' preliminary injunction requests in four of the challenges, while the fifth is still pending.
Notification violations
For the investigation, KPCC visited eight CPCs in the Los Angeles area and found that six do not comply with the state law.
The non-compliant CPCs include Avenues Pregnancy Clinic in Glendale, the Foothills Pregnancy Resource Center in Duarte, Pregnancy Help Center in Torrance, Los Angeles Pregnancy Services, and Women's Pregnancy Care Clinic centers in Pasadena and Whittier.
Jeanette Kuiphof, who runs both Women's Pregnancy Care Clinic centers, said she has not complied with the state law because she has not yet been penalized for non-compliance.
The director of the Glendale center has not responded to requests for comment. Separately, the CPCs in Torrance and Los Angeles deferred inquiries to the Alliance Defending Freedom (ADF), an antiabortion-rights legal group involved in challenging the state law. Matt Bowman, senior counsel at ADF, said the CPCs' opposition to abortion rights was detailed in their court papers.
Lax enforcement
According to KPCC, the investigation also found lax enforcement of the law.
Jill Habig, special counsel to California Attorney General Kamala Harris (D), said, "The law was carefully structured to share responsibility between state and local entities to make sure that in every county, each and every pregnancy clinic was complying with the law." According to KPCC, Harris' office said it aims to ensure the law withstands the legal challenges.
However, the investigation found that some cities -- including Glendale and Whittier -- are deferring oversight to the state. Officials in several other cities, including Los Angeles, Duarte and Pasadena, said they will enforce the law if they receive complaints (KPCC, 4/19).
