The fight to provide low-income women in Oklahoma with access to affordable health care and social services continues. Planned Parenthood has filed suit against the head of the Oklahoma Department of Health over the agency’s decision to cut federal funding for three clinics in the Tulsa area that provide food and nutritional counseling to low-income mothers.
According to the complaint, the health department’s “hodgepodge” of reasons for ending the contract amount to nothing more than an attempt at political cover. Officials for the program cited its relatively high cost per participant and decrease in case loads and accused the clinics of faulty billing practices. The clinics targeted for funding cuts see approximately 3000 clinic visits related to the Women, Infant, and Children program that provides supplemental nutritional assistance to low-income women who are pregnant or have recently given birth, as well as to children younger than five years of age.
At the time the decision was made to cut the funding, WIC visits were actually on the rise. The clinics are also routinely audited and, according reports, non of those audits raised any concerns prior to the decision to end the contract.
The lawsuit raises constitutional claims, arguing the state violated the organizations First and 14th Amendment rights by “imposing a penalty on its advocacy for access to safe and legal abortion services, referrals for abortion and/or its association with abortion services.” Clinics have until the end of the year before the funding stream runs out.
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“Planned Parenthood has been a trusted WIC provider for nearly two decades – but this case isn’t about us, it’s about the Oklahoma women and families who count on us,” Planned Parenthood staff attorney Tamya Cox said in a statement. “Politics should never interfere with a woman’s access to health services – or food for her children.”
In May 2011 state legislators attempted to remove Planned Parenthood as a state WIC provider, with supporters of the bill arguing that no taxpayer dollars should go to Planned Parenthood. The measure ultimately failed so the state simply decided to end the contract and face a legal challenge instead.
The lawsuit seeks a preliminary and permanent injunction, barring the state from terminating the WIC contract.
One year after David Daleiden and the Center for Medical Progress released the first of a series of videos targeting Planned Parenthood, there is still no evidence of wrongdoing by the reproductive health-care provider.
See more of our coverage on the anti-choice front group, the Center for Medical Progress here.
One year ago, David Daleiden released the first in a series of videos that he claimed proved Planned Parenthood employees were unlawfully profiting from fetal tissue donation and violating the federal “partial-birth abortion” ban. With the backing and counsel of Operation Rescue President Troy Newman and the help of a woman named Sandra Merritt, among others, Daleiden had created a front group called the Center for Medical Progress (CMP).
He then disguised CMP as a legitimate biomedical research organization—despite overwhelming evidence, including CMP’s own corporate documents, to the contrary—and used it to gain access to abortion clinics and private meetings. The organization released 11 videos by the end of 2015; in a year’s time, Daleiden and CMP had released a total of 14 videos. All have been debunked as deceptively edited and misleading.
In response to CMP’s videos, more than a dozen conservative governors launched investigations into or tried to defund Planned Parenthood affiliates in their states. States like Arkansas, Kansas, and Utah had their attempts to defund the reproductive health-care centers blocked by federal court order. The Obama administration also warned states that continuing to try and strip Medicaid funding to Planned Parenthood centers violated federal law, though that did not stop such efforts throughout the country.
Additionally, congressional Republicans began their own investigations and defunding efforts, holding at least five separate hearings and as many defunding votes. Planned Parenthood Federation of America (PPFA) President Cecile Richards provided hours of congressional testimony on the lawful fetal tissue donation option available to some Planned Parenthood patients. Other affiliates do not offer such donation programs at all.
Not a single investigation at either the state or federal level has produced evidence of any wrongdoing. Still, many continue today. To date, Congress alone has spent almost $790,000 on the matter.
Violence Against Clinics Escalated
Just weeks after CMP released its first video, there was an act of arson at a Planned Parenthood health center in Aurora, Illinois. The following month, and after the release of three more smear videos, a car fire broke out behind a locked gate at Planned Parenthood in New Orleans. Abortion clinic staff and doctors around the country reported a significant uptick in threats of violence as Daleiden and CMP released the videos in a slow drip.
That violence spiked in November 2015, when Robert Lewis Dear Jr. was arrested for opening fire at a Colorado Springs Planned Parenthood, a siege that left three dead. Dear told investigating officers his violence was “for the babies” because Planned Parenthood was “selling baby parts.” A Colorado court has so far deemed Dear incompetent to stand trial. Dear’s siege was not the last incident of clinic violence apparently inspired by Daleiden and CMP, but it has, to date, been the most lethal.
Dear’s next competency hearing is currently scheduled for Aug. 11.
A Lot of Lawsuits Got Filed
The tissue procurement company StemExpress and the National Abortion Federation (NAF) filed suits in July of last year. In January 2016, Planned Parenthood did the same, alleging that Daleiden and CMP had engaged in conspiracy and racketeering, among other things.
StemExpress Sued Daleiden and CMP
StemExpress, one company to whom Planned Parenthood was supposedly selling tissue, sued CMP, Daleiden, and Merritt in California state court. StemExpress asked the court for an injunction blocking CMP from releasing any more videos that were surreptitiously recorded at meetings the pair of anti-choice activists had with StemExpress staff. The complaint also included allegations of conspiracy, invasion of privacy, and conversion of property (based upon Daleiden’s taking confidential information from a former StemExpress employee, including accessing her StemExpress email account after she was no longer employed at the company).
Although it issued a temporary restraining order (TRO), the court ultimately declined to convert that into an injunction, citing First Amendment concerns that to do so would constitute prior restraint, or pre-publication censorship, on Daleiden and Merritt’s right to free speech. In other words, Daleiden and Merritt are free—at least under this court order—to continue releasing videos involving StemExpress employees while the suit proceeds.
The case is set for trial in January 2017.
National Abortion Federation Sued Daleiden and CMP
About the same time that CMP and Daleiden were battling StemExpress in court, NAF filed suit in federal court in San Francisco, alleging civil conspiracy, racketeering, fraud, and breach of contract, among other claims. Like StemExpress, NAF sought a temporary restraining order blocking any further release of the attack videos. Judge William Orrick issued the TRO and later, after a protracted discovery battle, converted it into a preliminary injunction. Thus, CMP is prohibited from publishing any videos of footage taken at NAF’s annual meetings, which Daleiden and Merritt infiltrated in 2014 and 2015, while the suit proceeds.
As they had in their battle with StemExpress, Daleiden and CMP claimed that prohibiting publication of the videos constituted a prior restraint on speech, in violation of the First Amendment. But unlike StemExpress, which was trying to prohibit the publication of videos detailing conversations that took place in a restaurant, NAF sought to prohibit publication of video footage secretly recorded at meetings. Judge Orrick found that Daleiden had waived his First Amendment rights when he signed a confidentiality agreement at those meetings promising not to disclose any information he gained at them.
And, as in other court battles, one of the preeminent claims Daleiden and his cohorts raised to excuse his tactics—creating a fake tissue procurement company, assuming false identities through the use of false identification cards, getting people drunk in order to elicit damaging statements from them, and signing confidentiality agreements with no intention of following them—was that Daleiden is an investigative journalist.
Judge Orrick condemned this argument in strong terms: “Defendants engaged in repeated instances of fraud, including the manufacture of fake documents, the creation and registration with the state of California of a fake company, and repeated false statements to a numerous NAF representatives and NAF members in order to infiltrate NAF and implement their Human Capital Project. The products of that Project—achieved in large part from the infiltration—thus far have not been pieces of journalistic integrity, but misleadingly edited videos and unfounded assertions (at least with respect to the NAF materials) of criminal misconduct. Defendants did not—as Daleiden repeatedly asserts—use widely accepted investigatory journalism techniques.”
In an amicus brief in the same lawsuit, submitted to the Ninth Circuit Court of Appeals in early June, 18 of the country’s leading journalists and journalism scholars noted that “by calling himself an ‘investigative journalist,’ Appellant David Daleiden does not make it so.”
“We believe that accepting Mr. Daleiden’s claim that he merely engaged in ‘standard undercover journalism techniques’ would be both wrong and damaging to the vital role that journalism serves in our society,” the journalists and scholars continued.
Daleiden and CMP have appealed the preliminary injunction order to the Ninth Circuit Court of Appeals, where the case currently sits pending a decision.
Planned Parenthood Sued Daleiden and CMP
Six months after StemExpress and NAF filed their lawsuits against the orchestrators of the smear campaign, PPFA filed a whopping one of its own in California federal court, alleging civil conspiracy, racketeering, fraud, trespass, and breach of contract, among other civil and criminal allegations. PPFA was joined by several affiliates—including Planned Parenthood of the Rocky Mountains, where Dear was arrested for opening fire in November.
Daleiden has asked the court to dismiss Planned Parenthood’s claims. The court has so far declined to do so.
David Daleiden and Sandra Merritt Were Indicted on Felony Charges
Daleiden and his allies have not fared well in the civil lawsuits filed against them. But both Daleiden and Merritt also have pending criminal cases. After an investigation into Planned Parenthood Gulf Coast sparked by Daleiden’s claims, a Texas grand jury declined to indict the health-care organization for any criminal conduct. The grand jury instead returned an indictment against Daleiden and Merritt on a felony charge of tampering with a governmental record, related to their use of false California driver’s licenses in order to gain entrance into the clinic. Daleiden was additionally charged with a misdemeanor count related to the purchase or sale of human organs.
In June, Harris County Criminal Court at Law Judge Diane Bull dismissed the misdemeanor charge. Daleiden and Merritt’s attorneys, who called the dismissal a victory for the anti-choice movement, are still trying to get the felony charged dismissed.
The New Hampshire Executive Council voted Wednesday to reinstate a contract with Planned Parenthood amid pre-election politics.
The council’s 3-2 vote to approve the contract comes ten months after the executive body voted to reject a similar contract. In both cases Councilor Chris Sununu (R-Newfields) was the deciding vote.
Sununu is a Republican candidate for governor of New Hampshire.
Council members Chris Pappas (D-Manchester) and Colin Van Ostern (D-Concord), a Democratic candidate for governor, also voted to approve the contract, while members Joe Kenney (R-Union) and David Wheeler (R-Milford) voted to reject the contract.
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“We are pleased that a bipartisan majority of the Council listened to their constituents and the majority of New Hampshire voters and chose to reverse course from last year’s vote,” Jennifer Frizzell, vice president of public policy for Planned Parenthood New Hampshire Action Fund, said in a statement. “Blocking access to health care at Planned Parenthood threatened the wellbeing of Granite State citizens.”
Planned Parenthood of Northern New England served 14,191 patients at the end of 2014, according to statistics provided by the organization. That number dropped by 21 percent, to 11,119, by the end of 2015 following the council vote to reject its funding request.
Last year Sununu voted against approving the contract for Planned Parenthood citing surreptitiously recorded videos from the anti-choice front group the Center for Medical Progress.
The organization’s leader, David Daleiden, is facing a felony indictment in Texas for tampering with government documents.
Democratic Gov. Maggie Hassan refused to investigate Planned Parenthood in the wake of the smear campaign. “We do not launch investigations in the state of New Hampshire on rumor,” Hassan said last August according to a local ABC affiliate. “We do not launch criminal investigations in the state of New Hampshire because somebody edits a tape.”
Hassan is a candidate for the U.S. Senate, and a crowded field of Democrats and Republicans are competing to succeed her in November.
Sununu defended his vote in January because of Hassan’s refusal to investigate Planned Parenthood of Northern New England and because of political pressure from reproductive rights advocates after his vote against the funding. “They proved themselves to be bullies and I don’t do business with bullies,” Sununu said, reported Seacoast Online.
However, Sununu’s tone changed Wednesday. “As [Planned Parenthood] is no longer under investigation, they should be treated like any other organization that comes before the council,” said Sununu in a statement.
Sununu told reporters after the vote that he decided not to allow politics to interfere with ensuring health care access in the state.
“I’m not going to let politics [influence] the importance of funds that go to help low-income women. I’ve been a supporter of these types of funds since the day I became a councilor, and I’m going to maintain my consistency with that support,” Sununu said, reported New Hampshire Public Radio.
Republican gubernatorial candidate Frank Edelblut reportedly criticized Sununu for his vote. He remarked, according to New Hampshire Public Radio: “Clearly what this shows is we’ve got a lack of principle here. We need a governor who has principles that the voters can rely on.”