An abortion clinic in Lexington, Kentucky, last week suspended abortion care in response to an order from the state, the Lexington Herald-Leader reports (Brammer, Lexington Herald-Leader, 3/9).
Background
Earlier this month, Kentucky Gov. Matt Bevin (R) filed a lawsuit against EMW Women's Clinic, alleging that the facility has not met all of the state's licensing requirements. Under state law, abortion clinics are required to have transfer agreements with an ambulance service and a hospital. The lawsuit followed Bevin's order earlier this year that Planned Parenthood of Indiana and Kentucky stop offering abortion care at its clinic in Louisville, Kentucky, under similar claims.
The lawsuit targeting EMW Women's Clinic claims that the clinic has an agreement in place with a hospital but does not have one with an ambulance service. The suit states that the facility operates as an abortion clinic, which allegedly makes it ineligible under state law for a licensure exemption given to private physician offices. It also claims that the clinic maintained expired medication and was unsanitary.
The state requested an injunction to shut down the clinic until it is fully licensed. The state also requested that a judge impose the maximum fines allowed under the law, although the lawsuit did not specify a monetary amount (Women's Health Policy Report, 3/4). A hearing on the state's request for a temporary injunction is scheduled for Tuesday morning.
In its cease and desist order, the state asked clinic owner Ernest Marshall to confirm by noon on March 7 that the clinic had halted abortion care. EMW Women's Clinic usually offers abortion care services on Thursday and Friday, the Herald-Leader reports.
Latest developments
Last week, the clinic agreed to stop providing abortion care while it awaits the hearing, according to Scott White, an attorney for the clinic. If the judge denies the state's request for a temporary injunction, the clinic "will resume performing abortions on its regular office days on Thursdays and Fridays," White said. He added that if the judge grants the state's request, the clinic "will assess [its] options."
White noted that the clinic in suspending abortion care has "not conceded that the medical services provided at the clinic in Lexington are improper in any way." He said, "Every day my client's clinic is closed, women in this area are denied their constitutional right to have an abortion" (Lexington Herald-Leader, 3/9).
