West Alabama Women's Center et al v. Miller

Filing 122

SECOND AMENDED PRELIMINARY-INJUNCTION ORDER: it is ORDERED that the 120 Amended Preliminary Injunction previously entered is further amended as follows: (1) The 53 motion for a preliminary injunction, filed by the plfs, West Alabama Women's Center, Willie J. Parker, M.D., Alabama Women's Center, and Yashica Robinson White, M.D., is granted; (2) The dfts, the Alabama State Health Officer, the Alabama Attorney General, and the district attorneys for Tuscaloosa and Madison Counties, a nd all those acting in concert with them are each preliminarily ENJOINED and RESTRAINED from enforcing the State of Alabama's fetal-demise law, 1975 Ala. Code 26-23G-1 et seq., against plfs West Alabama Women's Center, Willie J. Parker, M.D ., Alabama Women's Center, and Yashica Robinson White, M.D. until further order of the court; This injunction does not extend to the private civil-enforcement provisions of the fetal-demise law; (3) Dft, the Alabama State Health Officer, and all those acting in concert with him are each preliminarily ENJOINED and RESTRAINED from enforcing the State of Alabama's school-proximity law, 1975 Ala. Code 22-21-35, against plfs West Alabama Women's Center and Alabama Women's Center until further order of the court; (4) The bond requirement of FRCP 65(c) is waived. Signed by Honorable Judge Myron H. Thompson on 11/22/2016. (wcl, )

IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION
WEST ALABAMA WOMEN’S
CENTER, et al., on behalf
of themselves and their
patients,

)
)
)
)
)
Plaintiffs,
)
)
)
v.
)
)
DR. THOMAS M. MILLER, in )
his official capacity as )
State Health Officer,
)
et al.,
)
)
Defendants.
)

CIVIL ACTION NO.
2:15cv497-MHT
(WO)

SECOND AMENDED PRELIMINARY-INJUNCTION ORDER
Having had an ambiguity concerning the scope of the
preliminary
attention,
injunction
enforcement

injunction
the

court

should

brought

concludes

have

been

to

that

the
the

limited

of

the

fetal-demise

school-proximity

law

against

to
law

certain

court’s

preliminary
enjoining
and

the

plaintiffs.

Accordingly, it is ORDERED that the amended preliminary

injunction previously entered (doc. no. 120) is further
amended as follows:
(1) The motion for a preliminary injunction (doc.
no. 53), filed by the plaintiffs, West Alabama
Women’s Center, Willie J. Parker, M.D., Alabama
Women’s

Center,

and

Yashica

Robinson

White,

M.D., is granted.
(2) The

defendants,

the

Alabama

State

Health

Officer, the Alabama Attorney General, and the
district attorneys for Tuscaloosa and Madison
Counties, and all those acting in concert with
them

are

RESTRAINED
Alabama’s
§ 26-23G-1

each
from

preliminarily
enforcing

fetal-demise
et

seq.,

law,

against

ENJOINED

and

the

State

of

1975

Ala.

Code

plaintiffs

West

Alabama Women’s Center, Willie J. Parker, M.D.,
Alabama Women’s Center, and Yashica Robinson
White, M.D. until further order of the court.
This

injunction

does

2

not

extend

to

the

private

civil-enforcement

provisions

of

the

fetal-demise law.
(3) Defendant, the Alabama State Health Officer,
and all those acting in concert with him are
each preliminarily ENJOINED and RESTRAINED from
enforcing

the

school-proximity
§ 22-21-35,

State
law,

against

of
1975

plaintiffs

Alabama’s
Ala.
West

Code
Alabama

Women’s Center and Alabama Women’s Center until
further order of the court.
(4) The bond requirement of Fed. R. Civ. P. 65(c)
is waived.
DONE, this the 22nd day of November, 2016.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE