Federal Judge James Robart on Wednesday granted a temporary restraining order to fetal tissue researchers in Washington state blocking the release of their personal identifying information to abortion-rights opponents, Rewire reports.
According to Rewire, the U.S. District Court for the Western District of Washington will hold a hearing on a permanent order later in August (Knight Shine, Rewire, 8/9).
Background
In July 2015, the Center for Medical Progress (CMP) began releasing a series of misleading videos of Planned Parenthood officials discussing fetal tissue donation. Planned Parenthood has stated that the videos were heavily edited and that the filmed officials did not conduct any illegal activities.
Following the release of the videos, Texas Lt. Gov. Dan Patrick (R) called for the Harris County district attorney to launch a criminal investigation into Planned Parenthood Gulf Coast. The Harris County grand jury tasked with investigating Planned Parenthood cleared the organization of any wrongdoing and instead indicted CMP Director David Daleiden and employee Sandra Merritt. Last month, a Texas judge dismissed the charges filed against Daleiden and Merrit based on a legal technicality (Women's Health Policy Research, 8/8).
Daleiden and Zachary Freeman, communications director for the Family Policy Institute of Washington (FPIW), requested records under the Washington Public Records Act from the University of Washington's (UW) Birth Defects Research Laboratory, Seattle Children's Hospital, multiple Planned Parenthood affiliates and other medical organizations. According to Rewire, the requested documents date back to 2010 and include contracts, billing statements, emails, grant applications, purchase orders, transfer agreements and rent/lease agreements, as well as other materials (Rewire, 8/9).
Wash. lawsuit details
The latest lawsuit, filed against Daleiden and Freeman, seeks an injunction to prevent the university from releasing identifying information. UW is also named as a defendant in the lawsuit since the university is being asked to release the information.
The eight plaintiffs, who filed the lawsuit as Jane and John Does, include three UW employees, employees affiliated with three hospitals in the state, one Planned Parenthood employee and one former employee for Planned Parenthood. They are seeking class-action status to represent up to 150 individuals affiliated with the UW research center, Planned Parenthood of Greater Washington and Idaho, the Planned Parenthood Federation of America, the Cedar River Clinics and Evergreen Hospital Medical Center.
In the lawsuit, the plaintiffs asked Robart to first identify employees and researchers at Planned Parenthood and UW who would be affected if the requested information was made public and then to bar UW from disclosing any materials that include identifying information on those individuals. According to the lawsuit, the plaintiffs do not oppose the submission of the requested materials so long as the identifying information is redacted.
The plaintiffs said they could face antiabortion-rights harassment and violence if their identifying information is released (Women's Health Policy Research, 8/8). According to the plaintiffs, submitting unredacted materials would violate their privacy and free association rights as established by the Constitution (Rewire, 8/9).
Comments
Janet Chung -- counsel with Legal Voice, who is representing the plaintiffs -- said the plaintiffs two weeks prior to the lawsuit had reached out to Daleiden to discuss redacting the information. However, Daleiden refused the proposal. Chung said the plaintiffs continue to work with Daleiden's legal counsel to address the issue.
Chung also disputed Daleiden's claim that the information request did not directly ask for any specific person's identifying information, but rather involved the communications among eight allegedly "public figures." She explained that the request would ultimately include identifying information for more than 150 people.
Explaining her clients' desire for privacy, Chung said, "This is all very much rooted in the concern that the same types of harassment and violence that [abortion] clinics experience are now being targeted on a wider range of people -- all with the goal of chilling important research and medical care" (Rewire, 8/9).
