Sep 3, 2008 7:26 am US/Central
Judge Tosses Libel Suit Against Planned Parenthood
Pro-Life Action League Claimed Planned Parenthood Said Group Associated With Felons
AURORA, Ill. (Aurora Beacon News) ―
Letters to Aurora aldermen, as well as a newspaper ad, legitimately tried to persuade City Council action during last year's clinic controversy, a judge ruled Tuesday in dismissing a lawsuit filed by anti-abortion supporters against Planned Parenthood.
Kane County Judge Judith Brawka's nine-page ruling threw out the suit filed by the Pro-Life Action League and member Eric Scheidler against Planned Parenthood and its president, Steve Trombley.
The case stemmed from letters to city officials and an ad that ran in The Beacon News during the height of the debate that portrayed the league and its members as associated with felons and those who commit violent acts at abortion clinics.
"... There exists no material and genuine dispute of fact upon objective review that the [actions] ... were genuinely aimed at procuring favorable government action, result or outcome," Brawka wrote, referring to the materials challenged by the league.
The judge did allow Pro-Life Action League attorneys to file three new complaints, alleging Planned Parenthood and Trombley made similar statements in a press release, a letter published in another area newspaper and during federal court proceedings. None of those comments were geared toward Aurora officials, according to attorney Thomas Brejcha, who represents the league.
"The judge may very well dismiss those counts," Brejcha said, adding the league must cover Planned Parenthood's legal fees for the allegations tossed by Brawka.
Planned Parenthood attorney Leah Bruno said, "We are very happy with the court's order on the motion to dismiss. As we explained in court today, we believe that the protections under the act are equally applicable to the new claims."
During an Aug. 22 hearing, the sides engaged in lengthy arguments that included Bruno contending Trombley's statements during the September 2007 dispute were clearly an attempt to persuade city officials to allow the East New York Street clinic to be opened amid questions over zoning and permits, and therefore protected by the Citizens Participation Act.
Brejcha countered that that interpretation of the act means anyone is free to say anything under the auspices of free speech and participation in government. His feelings didn't change after Brawka's decision.
"Lies are now beyond legal accountability, so long as there is some government appeal pending," he said. "There's absolutely no accountability."
Scheidler described himself as "terribly disappointed that Planned Parenthood has been granted a license to lie."
By Dan Campana / Aurora Beacon-News
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