News and Stories: ACLU of Indiana Files Request for Injunction and Temporary Restraining Order in U.S. District Court in Planned Parenthood of Indiana Case

Initial ruling in case expected Wednesday

( Indianapolis ) – Immediately following Gov. Mitch Daniels' signing of HEA 1210 late today, the American Civil Liberties Union of Indiana (A CLU of Indiana) filed a request for an injunction and temporary restraining order in U.S. District Court on behalf of Planned Parenthood of Indiana (PPIN) and its patients.

The temporary restraining order was requested to prevent HEA 1210 – a law barring the state from entering into contracts with, or granting to, any entities (other than hospitals and ambulatory surgical centers) that provide abortions – from being enforced. In addition to the ACLU of Indiana, PPIN is also being assisted in this legal action by attorneys from Planned Parenthood Federation of America (PPFA).

"By signing this bill, the governor has put the health care of thousands of Hoosiers who rely on federal funding at risk," said PPIN President and CEO Betty Cockrum. "And by signing when he did, he put patients with appointments tomorrow at PPIN health centers in danger of not getting their birth control or physical exams. However, we're not going to let that happen. We will see all patients who rely on federal funding that have appointments until we receive a ruling in this case, and will cover those costs out of our Women's Health Fund."

"Family planning dollars fund preventive health services that are critical to low-income and vulnerable women and their families," said ACLU of Indiana Legal Director Ken Falk. "It is unlawful, unnecessary and cruel to deny these populations health services that they desperately need."

The ACLU of Indiana believes HEA 1210 deprives Medicaid patients of their preferred health care provider – a clear violation of federal law. It also denies PPIN contracts and grants involving federal money solely because it provides a constitutionally-protected procedure. Finally, it would force PPIN's health care professionals to make statements to patients that are not medically and scientifically based – further violating the U.S. Constitution.

"PPIN will continue to fight on behalf of the thousands of patients at our 28 health centers around the state who count on PPIN for health care," said Cockrum. "We have an obligation to stand with our low-income patients who rely on government funding to receive Pap tests, birth control, STD testing and treatment. We want to ensure that they receive care from their preferred provider – Planned Parenthood of Indiana."

Poll after poll shows Americans want to see elected officials focus on jobs and the economy, rather than creating bigger and more intrusive government. (www.pollingreport.com/prioriti.htm)

HEA 1210 does even more damage to public health policy in Indiana by codifying into Indiana law that "human physical life" begins with a fertilized egg; requiring that doctors provide medically inaccurate information to their patients; and encroaching on Roe v. Wade by banning abortions after 20 weeks.

Planned Parenthood has vowed to continue to provide both preventive health care and safe, legal affordable access to abortion services, a constitutionally-protected right. As part of its commitment to Indiana women, PPIN is proceeding with its plans for Free Pap Days this week

"We are confident we have a very strong case," said Cockrum. "Obviously, we have more work ahead of us. However, we believe PPIN will prevail in our efforts to protect our patients."

The ACLU of Indiana expects the U.S. District Court in Indianapolis to rule on the temporary restraining order beginning at noon tomorrow, May 11, 2011.