Judge Stays Closure Order for Toledo Abortion Facility that Cannot Meet Safety Standards

By Cheryl Sullenger

CCNToledo-FeaturedToledo, OH – This morning, Lucas County Common Pleas Judge Myron Duhart blocked an order issued by the Ohio Department of Health to close the Capital Care Network, an abortion facility in Toledo, Ohio. Duhart’s decision will allow the abortion business to stay open while it appeals the Ohio Department of Health action.

Lance Himes, ODH’s Interim Director, rescinded the facility’s license last week and ordered it to shut down by August 12, 2014. Capital Care Network owners immediately appealed.

Capital Care Network holds no valid hospital transfer agreement as required by law. Revocation of the clinic’s license and order to close was recommended by a state hearing officer who heard testimony concerning request to close the facility in March.

[Read the Closure Order Issued to Capital Care Network.]

“It is a shame that one judge, who has only been exposed to a minimal amount of information about the case, can override the decision of a legislature that spent months passing the law, the decision of a governor who signed the law, the decision of a hearing officer who heard hours of testimony before recommending enforcement, and countless officials at the ODH who investigated and determined that it was in the public’s interest to close the facility,” said Operation Rescue President Troy Newman. “In the meantime, women will have no access to continuity of care in the event of an emergency and are being placed at risk daily.”

Duhart’s ruling to keep the substandard Capital Care Network open comes in the wake of last week’s federal court ruling that an Alabama law requiring abortionists to maintain hospital privileges within 30 miles of their abortion facilities is unconstitutional since it would close three out of five abortion facilities left in that state.

Just days before the Alabama ruling, the Fifth Circuit Court of Appeals left in place an injunction barring a similar law from taking effect in Mississippi and closing the last remaining abortion facility in that state. A Texas trial challenging the a similar provision in Texas is expected to conclude on Wednesday.

The Ohio law differs from those in Alabama, Mississippi, and Texas in that it only requires that abortion facilities maintain a valid transfer agreement with a “local” hospital. Capital Care Network attempted to stretch the term “local” to include a hospital in Michigan fifty miles away with which it had made a transfer agreement. The ODH rejected that agreement as being too far away and in another state where the ODH had no jurisdiction.

“We have every reason to believe that these recent court rulings will eventually be overturned and that the abortion facilities that are currently operating in conditions that violate the law will eventually close down,” said Newman. “The protection of the public is a primary duty of the states, and there can be no doubt that these abortion facilities are endangering the public by failing to comply with minimum safety regulations. Eventually common sense must prevail.”

The next hearing in the Capital Care Network’s appeal of the closure order is September 4 at 10 a.m.

  • STOP TALKING – PROTECT THE BABIES IN AMERICA – OUTLAW ABORTION.

    Enough, enough of this talk about Government making abortion mills safe for the public – so women who go into abortion mills to abort and kill their unborn children can be safe – while allowing their unborn baby to be aborted and killed. Really?
    Rather, Government Officials just ‘OUTLAW ABORTION’ altogether in America NOW. So no one BORN AND UNBORN will ever be hurt by abortion again. That is how the public – can be protected in the future.
    The primary function and responsibility of our Federal, State and Local Governments ‘formed specifically’ by the people – is TO PROTECT THE HEALTH, WELFARE AND SAFETY of each individual citizen BORN AND UNBORN.
    YET OUR FEDERAL GOVERNMENT HAS FAILED TO PROTECT THE HEALTH WELFARE AND SAFETY OF ALL AMERICAN CITIZENS – BOTH BORN AND UNBORN.
    Since 1973 when Roe v. Wade decided by the U.S. Supreme Court – legalized abortion in America – more than 57 million unborn American Citizens have been aborted and killed http://www.numberofabortions.com/ . HOW IS THAT FOR OUR U.S. GOVERNMENT PROTECTING ITS CITIZENS? I GIVE THEM A FAILING GRADE!
    Yet we continue to quibble about … when is the unborn baby viable, feel pain or when is it a person or if an abortion mill is safe or when it is not? Anyone with common sense knows human life begins at conception and must be protected – were you ‘dear reader’ protected at human conception? Of course you were and why not the unborn baby as well?
    And finally an abortion mill is never safe … for the unborn baby.
    SO IN CLOSING: I would like to pass some advice off to our Federal, State and Local Government officials.
    FIRST: Stop quibbling about if an abortion mill is safe or not – or if it should stay open or not. No abortion mill is safe for the unborn baby – and all abortion mills need to be closed down. SO OUTLAW ABORTION ALTOGETHER – AND PUT ALL THE ABORTION MILLS OUT OF BUSINESS! AND PROTECT ALL AMERICAN CITIZENS BOTH BORN AND UNBORN. AND STOP THE KILLING OF UNBORN CHILDREN IN AMERICA, NOW.
    SECONDLY: AND IF YOU GOVERNMENT OFFICIALS, WILL NOT PROTECT THE UNBORN BABY STEP ASIDE – AND LET SOMEONE ELSE TAKE YOUR PLACE. SO THEY CAN PROTECT THE HEALTH, WELFARE AND SAFETY OF ALL AMERICA’S CITIZENS – BORN AND UNBORN.
    FOR WE THE PEOPLE OF THIS UNITED STATES SEE THROUGH ‘ALL’ OUR LEVELS OF GOVERNMENT’S – PRESENT UN-WILLINGNESS TO HELP AND TO PROTECT THE UNBORN BABY – BY FAILING TO OUTLAW ABORTION. ALL THE WHILE YOU CONTINUE TO QUIBBLE – IF AN ABORTION MILL IS SAFE OR NOT – WHILE AMERICAN UNBORN CHILDREN CONTINUE TO BE ABORTED AND KILLED. STOP WASTING TIME AND PROTECT THE UNBORN BABY. WE PRAY FOR YOU GOVERNMENT OFFICIALS – AND FOR THE UNBORN BABY. MAY GOD HAVE MERCY ON US ALL.

  • Carl G. Oehling

    I call this the murder hat dance. We stomp all over the rim and miss the crown of the issue– murder if the little human being. Jehovah names Mary a ‘mother’ about 4 days after conception and before implantation of Jesus. Just do the arithmetic in Luke one.

  • Carol

    So this judge would rather a dangerous abortion clinic stay OPEN until the appeals are heard. Shouldn’t it be the other way around? That’s like letting a murderer back out on the streets until his appeals are through. Unbelievable. No concern at all for the safety of women.