Three TN abortion clinics sue, seek to block new laws

Three abortion clinics and an obstetrician-gynecologist have filed a federal lawsuit seeking to immediately block two new Tennessee abortion laws set to take effect on Wednesday.

The legal challenge asks that a court immediately block a law that requires clinics performing 50 or more surgical abortions each year to be regulated as ambulatory surgical treatment centers.

The suit also seeks to block a newly enacted measure requiring women seeking an abortion to undergo a 48-hour waiting period after first receiving in-person counseling by a physician. Both laws, signed by Gov. Bill Haslam in May, are scheduled to take effect July 1.

The lawsuit, filed in U.S. District Court in Nashville, also includes a challenge to a 2012 Tennessee law. That law requires doctors performing abortions to obtain admitting privileges at a local hospital. The law has forced the closure of two abortion clinic since it was enacted, according to the lawsuit.

"Tennessee women have already suffered under the laws passed by politicians to choke off access to safe and legal abortion, and it's time for the court to step in before greater damage is done," said Nancy Northup, president and CEO of the Center for Reproductive Rights, a New York City-based advocacy group that joined Nashville law firm Barrett Johnston Martin & Garrison and Jesse & Jesse in filing suit.

Unless the court intervenes, two clinics in Bristol and Nashville will be forced to close their doors by July 1. The first court date is set for Aug. 24, but attorneys for the plaintiffs are seeking a faster review.

A spokesman for the Tennessee Attorney General said the office was aware of the lawsuit but had not yet been served.

Abortion opponents said they were not surprised by the challenge.

Brian Harris, president of Tennessee Right to Life, said the lawsuit shouldn't surprise anyone.

"A lawsuit brought by those who profit from the killing of unborn children should not surprise anyone," said Brian Harris, president of Tennessee Right to Life. ">"These abortion facilities refuse to be held to the same standards as legitimate health care providers and will do everything possible to avoid meeting even the most minimal health and safety standards required of other outpatient facilities," he said.

There are currently seven abortion providers in Tennessee. Four meet the guidelines of ambulatory surgical care centers. A fifth provides only medication abortions, commonly known as the "abortion pill," and is not required to meet the new guidelines.

The remaining two clinics — The Women's Center in Nashville and the Bristol Regional Women's Center in Bristol — do not meet those guidelines and face closure.

Those clinics along with Dr. Wesley Adams, Jr., an obstetrician-gynecologist who performs abortions in those facilities, filed the lawsuit. CHOICES, the Memphis Center for Reproductive Health is also challenging the laws.

The Women's Center and the Bristol Regional Women's Center both attempted to apply for ambulatory surgical treatment center licenses, according to the lawsuit. The suit claims that their efforts were stymied by state officials who did not make an application form available until June 16.

After the applications were submitted and $1,080 in fees was paid, officials with the Tennessee Department of Health said the applications would not be processed until each clinic submitted a full set of architectural plans, the renovations were completed and inspected by the department, according to the lawsuit.

The requirements "could not possibly be completed" in the 15 calendar days between the department's posting of the required application form" and the date the law goes into effect, according to the lawsuit.

Reach Anita Wadhwani at 615-259-8092 and on Twitter @AnitaWadhwani.