Birmingham Abortion Business Argues that the Alabama Department of Public Health Does Not Have Jurisdiction to Enforce Health and Safety Rules

Birmingham Alabama’s dangerous, sub-standard abortion facility, New Women, All Women Health Care (NWAW), continues to put women’s health in danger even while the State Department of Public Health battles to get it closed. The Department of Public Health (DPH) closed the clinic a year ago for health and safety violations, forcing the owner Diane Derzis to sign a consent order not to be involved, and has since denied licensure several times.

But the clinic recently re-opened for business without obtaining a new abortion clinic license and the clinic is actively advertising that it provides abortions. This blatant disregard for the law has led the DPH to seek a court order stopping the illegal operation of the clinic.

Thursday, June 30, 2013, Judge Joseph Boohaker will hold a hearing to consider the NWAW’s motion to dismiss the complaint. NWAW argues that the Alabama Department of Public Health does not have jurisdiction and that the injunctive relief sought is inappropriate.

Life Legal Defense Foundation Executive Director, Dana Cody, comments,  “Life Legal Defense Foundation was instrumental in getting this clinic closed for health code violations a year ago, and has now requested that the Alabama Department of Public Health enforce its own rules by issuing an emergency administrative order of closure against the illegal clinic.” As Cody points out, “Clinic owner Diane Derzis and abortionist Bruce Norman are deliberately violating the law through operation of this clinic, and it ought to be closed immediately.”

Abortionist Bruce Norman was specifically named in the deficiency report and the consent agreement. He was prohibited from being associated with New Woman All Women and from performing abortions at the facility based on the harm he inflicted on patients. Ignoring the law, he continues to commit abortions at this same facility under the guise of it being a “medical clinic” not an abortion clinic. Further, Diane Derzis is still active with the clinic despite the fact that she was forced to sign a consent decree prohibiting her from further involvement.

Cody highlights the disrespect for health regulations and for the women shown by abortionists in recent cases: “Tonya Reaves is dead due to a ‘safe, legal abortion’ in Chicago.  Gosnell left a trail of victims, women and children, in Philadelphia.” As Cody points out, “New Woman, All Women needs to close permanently before there are more victims to add to the growing list. We pray that the Court will stop the victimization of women and children in Birmingham and not let Derzis ‘off the hook.’”