Ohio Judge Rules Toledo Clinic Can Remain Open During Appeal


An Ohio judge issued a stay on Monday allowing the Capital Care Network abortion provider to remain open while the state court decides its appeal.

Capital Care Network (CCN), the only abortion provider in Toledo and one of the few remaining in northwest Ohio, had its license revoked by the state health department at the end of July. Without a license, the clinic was set to close this Tuesday, but CCN attorney Terry Lodge filed an appeal of the health department’s decision and asked the court to let the clinic remain open for the time being.

As RH Reality Check previously reported, the state Department of Health sent an adjudication order, signed by then-director Lance Himes, to revoke the clinic’s license to operate because it did not hold a transfer agreement with a local hospital.

By law, facilities that provide abortions in Ohio must have such agreements. Proponents of the law say that it ensures women getting an abortion will be swiftly transferred to a hospital in the case of an emergency. But, as pro-choice advocates point out, abortions are an overwhelmingly safe procedure, with only 0.05 percent of first-trimester abortions resulting in hospital visits.

The clinic in Toledo had a transfer agreement with the University of Michigan Health System, but the state Department of Health’s letter said the contract must be made with a “local” hospital.

In court documents, the clinic’s lawyer argued that its closure would hurt women’s health: “Thousands of women depend upon Capital Care for safe pregnancy termination services each year, however, if the state forces Capital Care to close its doors, women in the Toledo area will have to cross the border to Michigan or travel hours away to Cleveland or Columbus.”

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  • fiona64

    I continue to ask the same question: where is the hue and cry about oral surgeons needing admitting privileges and agreements, since dental surgery is far more dangerous than abortion?

    • dudebro

      And if abortion is murder, why are they so concerned about the health of the murderers?

      • Shan

        Aw, no, get it right. The mothers aren’t the murderers, the evil abortuarianists are. So it’s totally okay to make all the laws to protect poor helpless would-be mommies against them.

        • fiona64

          That’s one of the main things that bugs me about all of this anti-choice legislation: “Oh, your poor little ladybrainz just don’t let you know what you’re doing! We’re here to protect you from yourself.” Feh.

          • Shan

            Calvin at LAN just went through a long mansplaination about how prosecuting only physicians and NOT women who seek abortion is most certainly NOT infantilizing women, by telling me: “I’m not treating abortion-seekers as infants, I’m giving them the
            benefit of the doubt that they’ve been conned by widespread,
            well-organized, institutional propaganda.”

            Um.

          • fiona64

            I have no words. Seriously. I’ve started to write the same sentence four times. Calvin is a misogynistic asshat. That’s the best I can do.

          • Shan

            And rude. At least WorldGoneCrazy seems to have a sense of humor.

          • Shan

            I just pulled the plug on responding to any more posts on that article. The level of deliberate misinterpretation (and that’s giving them the benefit of the doubt by presuming they’re actually NOT mildly MR) is really frustrating.

          • dudebro

            Calvin wrote an article on the subject a while ago where he argued that yeah, abortion IS murder, but women can never be sent to prison because 1)they are brainwashed into believing that zefs are not people 2) they have enjoyed abortion as a constitutional right for 40 years, so how can we throw them in jail? He then referenced the civil war by pointing out that slavers were never jailed for their crimes.

          • Arekushieru

            So have abortion providers so how can we put THEM in jail, by his OWN ‘logic’?

            Unfortunately, the fact that fetuses aren’t people is irrelevant, so whether or not women have BEEN ‘brainwashed’ into believing that zygotes aren’t people is a complete ‘wash’ (see, I made a PUNNY).

          • dudebro

            That is a very good point Arek.

        • dudebro

          I love the other excuse – women can’t be blamed for the murder of innocents because they are just ignorant and brainwashed!

          Yeah. Like that’s a defense

      • Jennifer Jonsson

        Oh, and if abortion is murder, why should there be exceptions for rape and incest?

  • Jennifer Jonsson

    Waiting for the courts to address this practice of states exporting women’s rights to neighboring states. Didn’t we try this in the 1960s and decide it didn’t work?