Correction: We mistakenly reported that Domino’s Pizza was party to the lawsuit. The lawsuit is being brought by Domino’s Pizza founder Tom Monaghan’s later established company with a similar name. Domino’s Pizza is not involved in this lawsuit. We regret the error and have made further clarification between the two throughout the following piece, which was updated at 12:30 p.m. on Tuesday, December 18th, 2012.
Note: Think that anti-choice politicians and activists aren’t trying to outlaw contraception? Think again. Follow along in an ongoing series that proves beyond a doubt that they really are coming for your birth control.
Tom Monaghan may like his pizza fast, but when it comes to sex, he doesn’t think he should be forced to support a wayward lifestyle. In fact, he believes providing his employees with birth control might send him straight to hell.
The founder of Domino’s Pizza is suing the federal government over mandatory contraception coverage in the health care law.
Tom Monaghan, a devout Roman Catholic, says abortion and contraception aren’t health care but a “gravely immoral” practice.
Monaghan says the law violates his rights, pointing out that it is not his responsibility to pay for the sexual habits of his employees, and is asking a judge to strike down the mandate. There are similar lawsuits pending nationwide.
Before we worry too much about how Monaghan might be putting his immortal soul in danger by letting his employees access birth control like so many other employees in other companies are allowed to, it should be noted that Monaghan actually sold most of his shares of the company in 1998 to Mitt Romney’s investment banking firm Bain Capital, choosing instead to “retire from active involvement in Domino’s Pizza and devote more time to my charitable endeavors,” he said in a statement at the time. Those charitable organizations include the anti-choice legal group Thomas More Law Center, Catholic colleges and universities; he has even provided past support to Operation Rescue. The Thomas More Law Center has been at the center of suits over the individual mandate in the Affordable Care Act and other religious-based organizations suing to block the no co-pay birth control mandate.
The suit itself involves Domino’s Farms Corporation, an office park hosting a religious book store and art gallery, hair salon, and chapel among other businesses. It has no relation to the pizza franchise, despite the press release announcing the suit that unintentionally or purposefully chose not to draw a distinction between the two, resulting in numerous misleading or confused reports in the media.
To distance itself from its rabidly anti-choice founder, Domino’s used to have an FAQ that would address the issue of Monaghan’s activities: “Domino’s Pizza LLC has never supported organizations on either side of the reproductive rights issue. The corporation and its 1,825 independent franchise owners across the world have one goal: to sell pizzas and grow our market share. We can’t accomplish that goal if we alienate potential customers, as this issue certainly would.”
Domino’s has responded to stories about the lawsuit by reminding potential customers that Monaghan sold his shares over a decade ago, and that the pizza company itself is not involved in the Monaghan/Domino’s Farm suit. “Tom Monaghan sold Domino’s in ’98 and has no affiliation w/us. This suit does not involve Domino’s Pizza,” they responded via social media.
“Domino’s Pizza has made no public statements about health care, as we are still waiting to see how the final rules will affect our network of small business owners,” said Chris Brandon, Public Relations Director of Domino’s Pizza in an email.
“Domino’s is not a political company; it is not a religious company – we are a pizza company.”
That Domino’s pizza franchise is caught in the crossfire as Monaghan continues to use his past business legacy in order to further the agenda of Thomas More and other anti-choice legal groups hoping to overturn the mandate shows the desperate lengths many anti-choice activists are willing to take when they are coming for your birth control.
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.
Former Colorado State University athletics director Jack Graham is backing a “woman’s right to choose” as he competes against four self-described “pro-life” Republicans in a primary to take on pro-choice Sen. Michael Bennet (D-CO) in November’s election.
In Colorado, where Republicans like Sen. Cory Gardner (R-CO) in 2014 and GOP senatorial candidate Ken Buck in 2010 are known for taking hard-line anti-abortion stances during the Republican primary and then moderating their positions for the consumption of general-election voters, a GOP senatorial candidate this year is turning heads. The candidate, former Colorado State University athletics director Jack Graham, is backing a “woman’s right to choose” as he competes against four self-described “pro-life” Republicans in a primary to take on pro-choice Sen. Michael Bennet (D-CO) in November’s election.
Graham repeatedly states in speeches, as he does on his website, that the “government’s role in our lives should be kept to a minimum.” In keeping with this, he adds, “I support and I believe in a woman’s right to choose; and that our government does not belong in this decision.”
“I feel deeply about the right to choose, just as I do about the sanctity of life,” Graham told the Pueblo Chieftain in April.
Graham supports Roe v. Wade and praises Planned Parenthood’s ability to respond in “real time” when sexual health crises arise, like the AIDS epidemic, which he witnessed in the 1980s.
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As for details on the meaning of his abortion stance, Graham’s website states that “the government should not participate in any way in the funding of abortion procedures or abortion counseling,” and it also states that continued funding for Planned Parenthood “should be predicated upon their complete discontinuation of abortion activities.” He’s also opposed to “late-term” and “partial-birth” abortions.
Still, Graham’s position, particularly his use of pro-choice language, like “a women’s right to choose,” to describe his stance, sets him apart from his four GOP primary opponents, even making headlines like this one in the Pueblo Chieftain: “GOP Senate hopeful is pro-choice.”
The other four GOP primary candidates are anti-choice in varying degrees. Darryl Glenn, an El Paso County Commissioner who was voted onto the primary ballot by Republicans at their state convention, supports so-called personhood, according to Colorado Right to Life, meaning he believes life begins at conception, and fertilized human eggs (zygotes) should be given legal rights.
The question is, will Graham’s abortion stance affect his chances of victory in Tuesday’s GOP primary?
“From a purely political strategy standpoint, I’m inclined to think it will help him,” said John Sraayer, professor of political science at Colorado State University in Fort Collins, in an interview with Rewire. “He doesn’t need all the Republican voters in the primary, he just needs to get more than the other candidates.”
Straayer said Graham’s position will hurt him with more Republican primary voters than not, but in a low-turnout primary election, with votes divided among five candidates, Graham could benefit from “standing out” on reproductive rights.
“The people on the pro-life side have four choices,” Straayer told Rewire. “They can only pick one, so the pro-life vote will be fragmented.”
Straayer pointed out that Graham’s campaign benefits from being run by political consultant Dick Wadhams, a former Colorado state party chairman, who managed South Dakota Sen. John Thune’s upset victory of Democrat Tom Daschle in 2005.
No public polling on Graham’s primary race is available, but the latest campaign finance report shows that Graham is in the lead. He has given his campaign $1.5 million and has more cash on hand than any of his opponents, with over $800,000 in the bank, as the Colorado Statesman reported. Graham’s closest GOP opponent, Blaha, has over $270,000 in cash, after loaning his campaign $1 million earlier this year.
Democratic Sen. Michael Bennet has $5.7 million in the bank, seven times as much as Graham.