[This is the text of a letter sent by LLDF Counsel Allison Aranda on LLDF letterhead to the Alabama Department of Public Health with links to the files of evidence incorporated for your convenience.]
September 12, 2012
Alabama Office of Attorney General
501 Washington Avenue
Montgomery, AL 36104
RE: New Woman All Women
To the Alabama Office of Attorney General:
It has come to our attention that the New Woman All Women (NWAW) abortion facility, which had its medical license revoked earlier this year, continues to advertise abortion services both on its website and via voicemail. Please find a recent printout from the website attached to this letter (Exhibit A attached). Also, a digital copy of a voice recording obtained from the NWAW voicemail is accompanying this letter.
NWAW has a sordid history of ignoring the law and endangering the lives of women. A brief history of the business’ violations is outlined below. It is apparent that Ms. Derzis, owner of NWAW, is continuing to violate the law by advertising that her business performs services that it is no longer licensed to perform in violation of the Alabama Deceptive Trade Practices Act. We are asking for a thorough investigation into Ms. Derzis’ deceptive and unlawful business practices.
On January 21, 2012, fire trucks and ambulances responded to the NWAW abortion facility and transported two women to local hospitals. A complaint report of these events at NWAW in Birmingham, Alabama, including photographs, was sent to the Alabama Department of Public Health (ADPH) on January 23, 2012 (a copy of which is attached hereto as Exhibit B). A thorough investigation was conducted by the ADPH and the 76-page deficiency report was posted for public review on the evening of March 30, 2012 (a copy of which can be found at this web address http://adphnotes.state.al.us/hcfweb.nsf/d071913f859fe47d862571ce00736df8/54901a38aa18810186).
Thereafter, Ms. Derzis entered into an agreement with the ADPH that resulted in the revocation of her license to perform abortions at the NWAW business effective May 11, 2012, and prohibited her from performing abortions elsewhere without first obtaining a valid new license. A copy of the consent agreement is attached as Exhibit C. NWAW was only permitted to remain open until May 18, 2012 to provide follow up care to patients. Thereafter, NWAW was not licensed to function as a medical facility.
Ms. Derzis has ignored the terms of this consent agreement and persists in advertising that her NWAW business performs abortions in direct contravention to the terms of the agreement. Ms. Derzis is not licensed to perform abortions and has no business advertising such on the NWAW website or via voicemail. Ms. Derzis’ false and misleading business practices not only violate the law but also,continue to endanger the lives of Alabama’s women.
We implore your agency to conduct a full investigation into Ms. Derzis’ business practices and to hold Ms. Derzis accountable in a court of law for any and all law violations. Should the Office of the Attorney General ignore its legal responsibility and allow NWAW to continue to engage in deceptive trade practices, LLDF will make sure the public is informed and will take any and all necessary legal action to protect the lives of women and their unborn children who are endangered by the deficient operation of this business.
We are sending this letter on behalf of Father Terry Gensemer, Director of CEC for Life, Sarah Howell, Assistant for CEC for Life, Sue Turner, Alabama Physicians for Life, Troy Newman, President Operation Rescue, and Cheryl Sullenger, Operation Rescue. Thank you for your time and consideration of these matters. We look forward to discussing your response to our concerns and we hope to hear from you soon.
Very truly yours,
Allison K. Aranda
Senior Staff Counsel
PO Box 890685
Temecula, CA 92589
On behalf of:
Fr. Terry Gensemer, Director
Sarah Howell, Assistant
CEC For Life
Troy Newman, President
Alabama Physicians for Life, Inc.