Judge dismisses Bevin lawsuit against Louisville Planned Parenth - WDRB 41 Louisville News

Judge dismisses Bevin lawsuit against Louisville Planned Parenthood over abortions

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Planned Parenthood's Louisville facility began providing portions in early December 2015. Planned Parenthood's Louisville facility began providing portions in early December 2015.

LOUISVILLE, Ky. (WDRB) – A Jefferson Circuit Court judge has dismissed a lawsuit filed by Gov. Matt Bevin’s administration earlier this year that accused Planned Parenthood of illegally performing abortions at its Louisville facility.

Judge Mitch Perry ruled on Thursday that Planned Parenthood had been given “approval” from state regulators under former Gov. Steve Beshear to perform abortions at its new Louisville facility and was not violating any laws.

The lawsuit, filed in February in Jefferson Circuit Court by the state Cabinet for Health and Family Services, had accused Planned Parenthood of illegally performing 23 abortions at its Louisville clinic between Dec. 3 and Jan. 28.

Planned Parenthood said it began performing abortions at the facility under the guidance of the Cabinet for Health and Family Services toward the end of Beshear's administration.

Perry ruled Planned Parenthood had “consistent communication” with the cabinet both before and after Dec. 3.

“Based simply on a change in Cabinet personnel, it defies reason that an abortion facility which opened based on the approval of the (Office of Inspector General of the Cabinet for Health and Family Services) may be then said to have willfully violated the law by the same Cabinet,” Perry wrote.

Planned Parenthood is pleased with Perry’s decision but doubtful the case is over, said Thomas Clay, the organization’s attorney.

“I wish I could say that this is the end of litigation between Planned Parenthood and the Bevin administration but I don’t think this is over,” Clay said in an interview.

He said Planned Parenthood has an application to perform abortions pending before state regulators and “depending on how that goes, we may have further litigation.”

The state could appeal Perry’s ruling.

A spokeswoman for Bevin did not immediately return a phone call and email seeking comment Friday afternoon.

In the suit, Bevin's administration acknowledged that Maryellen Mynear, who headed the cabinet's Office of the Inspector General under Beshear, told Planned Parenthood on Dec. 7 -- Beshear's final day in office -- that it was "longstanding policy" that clinics begin providing abortions while seeking a license.

But the lawsuit said Mynear, who left the job in January, acted "without authority" and calls her a "sympathetic advocate willing to ignore the law."

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