Anti-abortion pregnancy center sues county over disclaimer law
Silver Spring facility claims Trachtenberg's bill, passed in February, limits access to care
An anti-abortion pregnancy center has sued Montgomery County over a law requiring it to post information about the care it provides.
Centro Tepeyac Women's Center in Silver Spring says the law is unconstitutional, said Casey Mattox, the center's lead attorney. Mattox, with the Alliance Defense Fund, said the county law restricts freedom of speech.
Leaders of other anti-abortion centers in the county said Monday they supported Centro Tepeyac's decision to fight back, but none planned to file similar lawsuits.
"Bravo to Centro Tepeyac," said Gail Tierney, CEO of the Rockville Pregnancy Clinic. "The county has chosen to attack reputable charitable organizations in the county."
Under the law, pregnancy centers without licensed medical professionals on staff are required to post disclaimers stating the center "does not have a licensed medical professional on staff" and the "Montgomery County Health Officer encourages women who are or may be pregnant to consult with a licensed health care provider."
The law affects only two county pregnancy centers at this time: Centro Tepeyac and Birthright of Montgomery County. Neither clinic provides abortions nor refers women for abortions. They do provide information about abstinence and family planning.
Multiple phone calls to both clinics were not returned by deadline Tuesday.
Montgomery County has four limited-service pregnancy centers. However, two the Shady Grove Pregnancy Center in Gaithersburg and the Rockville Pregnancy Center have licensed medical staff and are excluded from the law.
Mattox said Centro Tepeyac has posted the required signs.
The lawsuit was filed May 19 in U.S. District Court in Greenbelt.
During debate on the bill, sponsored by Councilwoman Duchy Trachtenberg (D-At large) of North Bethesda, supporters said the so-called "limited service pregnancy centers" provide misinformation to pregnant women about abortion and birth control.
According to a NARAL Pro-Choice Maryland Fund investigation, "Centro Tepeyac told investigators that hormones in birth control interfere with fertility and that to have a baby a woman would need [in vitro fertilization]; IVF combined with years of birth control pills would probably cause cancer; and birth control is dangerous," said Jennifer Blasdell, executive director of the Maryland chapter of NARAL Pro-Choice, a national organization that advocates for abortion rights.
Representatives of the anti-abortion centers have said they do not provide inaccurate information and that they offer free counseling services for women as well as other services.
A similar lawsuit was filed in March in Baltimore challenging the city's policy that forces anti-abortion centers to post signs on their doors stating they don't provide abortions or birth control referrals.
If successful, the lawsuit filed by Centro Tepeyac would prohibit the county from enforcing the law.
Blasdell said she is confident that the disclosure law will be upheld in court.
"The regulation does not require a facility to provide or counsel for any services to which they are opposed, but only asks them to let women know if there is no licensed medical staff and that the Montgomery County Health Officer advises women who are or may be pregnant to seek care from a medical professional," she said.
Under the law, centers that violate the law receive a written warning to post a sign within 10 days. Failure to do so could result in a fine of up to $500 for a first-time offense, and a $750 fine for a repeat offense.
In fiscal 2010, which ends June 30, the county is expected to spend about $480,000 in funding for reproductive health services at three county pregnancy centers: Mary's Center in Silver Spring ($30,000), Planned Parenthood ($150,000) and Teen and Adult Connection ($300,000).