Abortion

Anti-Abortion Groups Take to the Courts to Block Abortion Clinic Trying to Comply With HB 2

First, anti-choice advocates said Texas abortion clinics were too small. Now, I guess, they’re too big.

First, anti-choice advocates said Texas abortion clinics were too small. Now, I guess, they’re too big. Shutterstock

Living too close to an abortion provider: It’s not a problem I hear about very often. To the contrary, I spend a good deal of my time writing about Texans who’ve struggled to access legal abortion care after the passage of the state’s omnibus anti-abortion law, HB 2, which has shuttered most of the state’s abortion providers over the last two years by imposing medically unnecessary restrictions and regulations that, in part, require providers to operate as hospital-like ambulatory surgical centers.

But now, a San Antonio woman who lives near a new abortion provider says that the HB 2-compliant surgical center is too close to her home, and she’s taken to the Bexar County court system to ask a judge to block its construction.

Some background: Today, more Texans than ever live hundreds of miles from the nearest legal abortion facility. A few clinics have remained open in the state’s largest metropolitan areas, and the last provider in the Rio Grande Valley, Whole Woman’s Health of McAllen, is hanging on by the thinnest of court-sanctioned threads.

This is a necessary sacrifice, we are told by Texas lawmakers who say they simply want only the very best in medical care for the Texans who need legal abortions. They believe that abortion care must be provided in ambulatory surgical centers by physicians with hospital admitting privileges in order to preserve the health and safety of Texans.

I say “believe” because there is no medical or scientific research whatsoever that indicates abortion care provided in ambulatory surgical centers, or by hospital-affiliated physicians, is safer than abortion care provided in a clinical setting by otherwise qualified doctors. In fact, mainstream medical organizations and researchers have presented well-documented evidence that clinical abortion care is an overwhelmingly safe endeavor.

But in Texas, a gut feeling appears to be fair grounds on which to legislate the terms of other people’s reproductive freedom, so here we are. The abortion providers who can afford to do so—who have or can raise millions of dollars to build or renovate surgical centers—are scrambling to comply with HB 2’s new restrictions. Because this is the law. A bad law, and an unnecessary law, but the law nevertheless.

Now, it seems, compliance with the law isn’t enough. Planned Parenthood of South Texas—one of the only abortion providers in the state with the resources and fundraising clout to pull this off—has been working to construct a new, HB 2-compliant ambulatory surgical center in San Antonio, only to face legal opposition from a woman named Teresa Franco and an anti-choice group called “Blood Money SA” that objects to what they call an abortion “megacenter.”

First, the abortion clinics were too small. Now, I guess, they’re too big.

When HB 2 was proposed and passed, Texans were told that “health and safety” was lawmakers’ sole priority, that the overwhelming concern of anti-choice groups and their allies was that the procedure be made as safe as possible, performed to the very highest “standard of care.” And here we have a fully HB 2-compliant surgery center, built to the Texas legislature’s specifications, prepared to offer the “standard of care” required by lawmakers like former Texas state Sen. Glenn Hegar, a rice farmer, who like to play doctor.

Facilities that provide comprehensive reproductive health care are damned if they do, and damned if they don’t. Because HB 2, and other targeted regulations of abortion providers, are not and have never been about safety or health. They are and have always been about eroding Americans’ access to a constitutionally protected medical procedure. Nowhere is that more clear than now, in San Antonio, a city hours from the Rio Grande Valley and Texas’ southwestern border area that houses some of the only legal abortion providers left in the entire state.

Blood Money SA has claimed, in a LifeNews piece that ran in late January, that it succeeded in stopping construction on this new Planned Parenthood facility. This is an outright lie. Construction has not, and has never, ceased at the new facility, despite Blood Money SA’s attempts to harass and shame construction companies hired to work the job. A San Antonio judge did not grant Franco’s request for a restraining order against the new surgery center.

Building continues apace, but Franco claims that the surgical facility is improperly zoned, and that it will direct too much traffic to her sleepy neighborhood of Dreamhill Estates. Never mind that Dreamhill is located in the heart of San Antonio’s medical district, adjacent to the sprawling University of Texas Health Science Center, University Hospital, Methodist Hospital, Christus Hospital, and a web of clinics and surgery centers.

This Planned Parenthood—a facility that will also provide contraceptives, cancer screenings, and a range of other reproductive health services—is now being derided as an abortion-providing “megacenter” by the anti-choice groups that championed HB 2, even though it is a situation engineered, deliberately, by those same groups. Anti-choice lawmakers and the anti-choice lobby put small, independent abortion providers who couldn’t build 3,000-square-foot mini-hospitals out of business. Now they crow that the larger facilities that will take their places will attract too many patients, create too much neighborhood disruption.

Too small. Too big. Anyone who sees through the lies and obfuscations of anti-choice groups that pretend concern for Texans who need abortions knows that, for them, the only “juuuuust right” way to deliver abortion care is to have no legal abortion care at all.