Two antiabortion-rights crisis pregnancy centers (CPCs) in California are allegedly in violation of a state law (AB 775) that aims to prevent CPCs from spreading misinformation, according to a NARAL Pro-Choice California investigation, the Sacramento Bee reports (Caiola, Sacramento Bee, 3/15).
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 will be 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.
Several CPCs have filed legal challenges against the law. Multiple federal judges have rejected the challenges and upheld the state law (Women's Health Policy Report, 2/17).
Investigation details
As part of the investigation, NARAL Pro-Choice California visited two CPCs located in Sacramento, the Sacramento Life Center and Alternatives Pregnancy Center, on March 3 and found that neither were in compliance with the law. Separately, on Tuesday, the Bee visited the Sacramento Life Center and affirmed that the facility had not posted the required signage.
NARAL Pro-Choice California will visit other CPCs throughout the state to check for compliance with the law. Amy Everitt, director of NARAL Pro-Choice California, said, "It's important that we start holding these anti-choice organizations responsible ... They are wreaking havoc and harm all across our country."
NARAL urges action
According to the Bee, NARAL wrote a letter to the Sacramento City Attorney's Office to bring their findings to officials' attention. In addition, NARAL and other abortion-rights groups on Tuesday brought petitions to four county attorney offices in California, asking for officials to enforce the law.
Gustavo Martinez, supervising deputy city attorney for Sacramento, said his office had received NARAL's letter. However, he noted that the office has not yet finished setting a protocol for implementing the law. Martinez said his office had not yet investigated either of the two CPCs. He noted that his office would have to conduct its own investigation to determine whether the CPCs are violating the law.
Separately, Everitt noted, "We have really progressive, really fabulous laws." She continued, "But if they aren't enforced, they don't mean anything. And the Reproductive FACT Act is far too important not to be enforced."
According to the Bee, the organization is collecting signatures from state residents who want CPCs to comply with the requirements.
CPCs' response
Marie Leatherby, executive director of the Sacramento Life Center, said she will comply with the FACT Act only if she is officially compelled to do so. Citing a legal challenge to the FACT Act, Leatherby said, "[W]e're just waiting to see how the lawsuit plays out."
Alternatives Pregnancy Center declined to comment (Sacramento Bee, 3/15).
