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Ohio Abortion Clinic Will Remain Open During Appeal, Despite Order To Close

Ohio Abortion Clinic Will Remain Open During Appeal, Despite Order To Close

July 14, 2014 — Attorneys representing an Ohio abortion clinic are asking a common pleas judge not to sign a common pleas magistrate's order that would close the clinic, the Cincinnati Enquirer reports (Perry, Cincinnati Enquirer, 7/10).

Background

In January, the Ohio Department of Health ordered the Women's Med Center in Sharonville, Ohio, to close after denying its request for reprieve from a state law that requires ambulatory surgical facilities -- including abortion clinics -- to have transfer agreements with local hospitals in case of emergencies (Women's Health Policy Report, 1/23).

The clinic appealed the order and asked the court to order the state to renew the clinic's operating license and provide a temporary stay of the closure order while the case proceeds. Later that month, Hamilton County Court of Common Pleas Judge Jerome Metz said that the clinic could remain open while the appeal continued.

However, Hamilton County Common Pleas Magistrate Michael Bachman earlier this month affirmed the health department's order and said he would lift the stay.

Under Hamilton County court rules, a common pleas judge must approve a magistrate's rulings, which means that Bachman's decision has to be approved by Metz (Women's Health Policy Report, 7/2). According to the Enquirer, Bachman's order can be appealed within 14 days or remain ineffective should Metz decide not to approve it.

Metz' Ruling Stands

Attorneys representing the clinic on Thursday said that they would appeal the order, which means that the Metz ruling permitting the clinic to remain open will stand.

According to the Enquirer, the case over the clinic is scheduled to resume on Aug. 15 (Cincinnati Enquirer, 7/10).