At a hearing today, Magistrate Michael Bachman agreed with the state’s argument that the facility isn’t operating legally since it doesn’t have a valid patient transfer agreement with a nearby hospital. His ruling — which will be filed July 10 — orders the clinic to close by the end of business that day. Under Ohio law, same-day surgery centers, including abortion clinics, are required to have written patient transfer agreements with a hospital in case a patient needs emergency medical treatment during the procedure.
The Sharonville clinic is one of only three remaining abortion clinics in the Cincinnati-Dayton region, a metro area of 3 million people. Two other abortion clinics, including one near Dayton operated by Haskell, are asking the health department to grant a variance related to the patient transfer agreements.
The latest ruling will likely be one of in what could be an ongoing and lengthy legal battle between state officials and the owners of the Lebanon Road Surgery Center.
Hamilton County Judge Jerome Metz Jr., the trial judge handling the case, ruled in January the Lebanon Road Surgery Center could continue operations while the clinic’s owners appeal the state’s decision through the legal system. If the clinic’s attorney decides to appeal Monday’s decision, Judge Metz could re-issue a stay for the clinic to keep its doors open.
Attorneys for the clinic could also appeal the case further to the First District Court of Appeals, Alec Burkhart, a law clerk for the magistrate, said.
The Journal-News earlier this year reported that state officials gave extra scrutiny to the licensing of the Sharonville abortion clinic. An exclusive report revealed in June that health department inspectors have aggressively cited and inspected the state's 11 remaining abortion clinics since Gov. John Kaisch took office.
Last year, the health department revoked the license of four abortion clinics, including Lebanon Road Surgery Center.
Pro-abortion rights advocate Kellie Copeland, of NARAL Pro-Choice Ohio, accused Kasich and other state officials of closing down the Sharonville clinic for “politically motivated” reasons. Copeland said the clinic’s attorney, who could not immediately be reached for comment, intends to appeal.
“If Kasich succeeds, he will virtually outlaw abortion for thousands of Ohio women who will not have the resources to travel across the state, or to another state, to get an abortion,” Copeland said. “But this won’t make abortion go away; it will just make abortion dangerous.”
Ohio Right to Life President Mike Gonidakis said his organization, which is a pro-life movement, is staying “cautiously optimistic” for Judge Metz to rule in the state’s favor of closing the clinic.
“I think we can all agree that abortion clinics should be operating safe and legally,” Gonidakis said.
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