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Tuesday, June 08, 2010
Ind. Law - Yet more on "Physician ordinance adopted by Allen County"
Updating this ILB entry from May 29, 2010, Benjamin Lanka reports today in the Fort Wayne Journal Gazette that:
Despite efforts to remove the abortion debate from its patient safety ordinance, strong voices on each side of the issue likely will argue the merits of the new law in an Allen County courtroom.The county commissioners Monday discussed hiring the Allied Defense Fund to serve as primary legal counsel for the county in a recent lawsuit against the bill.
The fund is a staunch anti-abortion organization, whose website touts its ability to protect life from conception until death.
The group has offered to provide legal defense to the county at no cost.
The defense fund will be pitted against the ACLU of Indiana and the Center for Reproductive Rights, based in New York, which are representing Dr. George Klopfer, operator of Fort Wayne Women’s Health, the sole provider of surgical abortions in Fort Wayne.
County Commissioner Nelson Peters said there is no doubt that using Allied Defense Fund would make abortion a more dominant theme in the argument, despite efforts to make the bill broader than just the one procedure. He added it’s not the county that wants this fight, but the people who filed the lawsuit.
County Attorney Bill Fishering on Monday told the commissioners he had spoken with an attorney at the fund and discussed the organization’s credentials.
“I feel very comfortable with them being the lead counsel,” Fishering said. “They are extremely competent and have a good track record.”
While Peters said he has not determined how he will vote – the commissioners will likely make a decision Friday – he said it is likely the firm’s aptitude and cost are more beneficial than a clouding of the issue would be harmful. * * *
County Commissioner Bill Brown said he had concerns about the legal battle turning into an abortion fight and said he hopes Fishering will lead the county’s legal defense and use Allied Defense Fund as special counsel.
“We’re trying to get away from it being about the abortion issue,” he said.
Fishering said the county’s legal team will remain involved in the case, but he said the defense fund will be lead counsel.
Posted by Marcia Oddi on June 8, 2010 10:05 AM
Posted to Indiana Law