On September 28, 2015, Planned Parenthood Association of Utah (PPAU) filed this lawsuit in the U.S. Court for the District of Utah. The plaintiff sued the Utah Department of Health under 42 U.S.C. § 1983 for violations of their First and Fourteenth Amendment rights. The plaintiffs asked the court ...
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On September 28, 2015, Planned Parenthood Association of Utah (PPAU) filed this lawsuit in the U.S. Court for the District of Utah. The plaintiff sued the Utah Department of Health under 42 U.S.C. § 1983 for violations of their First and Fourteenth Amendment rights. The plaintiffs asked the court for declaratory and injunctive relief, asking the court to enjoin the defendants from preventing PPAU's access to federal funds it is otherwise qualified to receive.
The plaintiffs claimed that on August 14, 2015, the Governor of Utah directed state agencies to "cease acting as an intermediary for federal grant money going to PPAU for non-abortion related services." The Governors directive was a response to a misleading video created by antichoice activists misrepresenting Planned Parenthood and falsely accusing the organization of "selling fetal body parts." The Utah Department of Health followed the Governor's directive, and planned to interfere with Planned Parenthood's access to federal funding for non-abortion services. The plaintiffs argued that the state's actions would cause irreparable harm to Planned Parenthood and its patients.
On September 29, 2015, Judge Clark Waddoups issued a temporary restraining order enjoining the defendants from denying funding to PPAU until October 15, 2016. On October 15, 2015, Judge Waddoups held a hearing on the motion for a preliminary injunction. On December 22, 2015 he issued an order denying the preliminary injunction and vacating the temporary restraining order. On December 27, 2015, PPAU filed an interlocutory appeal to the U.S. Court of Appeals for the Tenth Circuit on the preliminary injunction decision. The case was stayed at the district court level while the Tenth Circuit decided on the appeal.
On August 8. 2016, the Tenth Circuit reversed the lower courts decision and imposed a preliminary injunction enjoining the state from defunding PPAU. On September 7, 2016, Judge Dee Benson for the district court issued a preliminary injunction order in line with the Court of Appeals ruling.
Litigation continues at the district court level, but there has been little activity over the last several months.
Gabriela Hybel - 02/27/2017
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