West Alabama Women's Center et al v. Miller

Filing 20

TEMPORARY RESTRAINING ORDER: it is ORDERED as follows: (1) Plaintiffs West Alabama Women's Center and William J. Parker, M.D.'s 3 motion for a temporary restraining order is granted. (2) Defendant State Health Officer Donald E. Williams on, M.D., and all those acting in concert with him, are TEMPORARILY ENJOINED from: (a) enforcing the requirements of Alabama Administrative Code § 420-5-1-.03(6)(b) against plaintiffs West Alabama Women's Center and William J. Parker, M.D.; and (b) failing to notify immediately all state officials responsible for enforcing the requirements of Alabama Administrative Code § 420-5-1-.03(6)(b) about the existence and requirements of this temporary restraining order. (3) This injunction shall expire on August 18, 2015, at 2:00 p.m. The court will issue its formal opinion explaining this decision within three days. Signed by Honorable Judge Myron H. Thompson on 8/4/2015. (kh, )

IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION

WEST ALABAMA WOMEN’S
)
CENTER and WILLIAM J.
)
PARKER, M.D., on behalf of )
themselves and their
)
patients,
)
)
Plaintiffs,
)
)
v.
)
)
DONALD E. WILLIAMSON,
)
M.D., in his official
)
capacity as State Health
)
Officer,
)
)
Defendant.
)

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

TEMPORARY RESTRAINING ORDER
This

lawsuit

is

an

as-applied

challenge

by

a

licensed abortion clinic in the State of Alabama and
its

new,

that,

in

sole
order

doctor
to

against

perform

a

regulation

abortions

at

requiring

the

clinic,

either the doctor must have admitting privileges at a
local

hospital

covering

or

physician

the
who

clinic
has

must
such

contract
privileges.

with

a

The

plaintiffs, West Alabama Women’s Center and Dr. William

J. Parker, on behalf of themselves and their patients,
claim that this regulation is unconstitutional under
the Due Process Clause of the Fourteenth Amendment as
applied

to

them

because

it

violates

their

patients’

right to liberty and privacy and their right to pursue
their business and profession.

The defendant is Dr.

Donald E. Williamson, in his official capacity as the
State Health Officer.

Jurisdiction is proper under 28

U.S.C. § 1331 (federal question) and 28 U.S.C. § 1343
(civil rights).
The

matter

is

now

before

the

court

on

the

plaintiffs’ motion for a temporary restraining order.
Upon consideration of the motion, responsive briefing,
and supporting documentation, the court finds that the
plaintiffs have met the requirements for issuance of a
temporary restraining order:

(1) that they have shown

a substantial likelihood of success on the merits of
their suit; (2) that they will suffer irreparable harm
absent

injunctive

relief;

(3)

that

the

harm

to

the

plaintiffs absent an injunction would outweigh the harm

2

to the defendant from an injunction; and (4) that an
injunction is in the public interest.
50 F.3d 898, 900 (11th Cir. 1995).

Ingram v. Ault,
However, because

briefing was not completed until July 27, 2015, the
court

needs

additional

time

to

finish

preparing

its

formal opinion with supporting findings of fact.
Accordingly, it is ORDERED as follows:
(1)
William

Plaintiffs
J.

West

Parker,

Alabama

M.D.’s

Women’s

motion

for

Center
a

and

temporary

restraining order (doc. no. 3) is granted.
(2)

Defendant

State

Health

Officer

Donald

E.

Williamson, M.D., and all those acting in concert with
him, are TEMPORARILY ENJOINED from:
(a)

enforcing

Administrative

Code

the
§

requirements

of

420-5-1-.03(6)(b)

Alabama
against

plaintiffs West Alabama Women’s Center and William J.
Parker, M.D.; and
(b)

failing

to

notify

immediately

all

state

officials responsible for enforcing the requirements of
Alabama Administrative Code § 420-5-1-.03(6)(b) about

3

the

existence

and

requirements

of

this

temporary

restraining order.
(3)

This

injunction

shall

expire

on

August

18,

2015, at 2:00 p.m.
The court will issue its formal opinion explaining
this decision within three days.
DONE, this the 4th day of August, 2015, at 2:00
p.m.
/s/ Myron H. Thompson____
UNITED STATES DISTRICT JUDGE