RALEIGH, N.C. _ The city of Raleigh is close to settling a federal lawsuit, allowing an anti-abortion organization to move next door to an abortion clinic in Southwest Raleigh.
Hand of Hope Pregnancy Resource Center sued after the Raleigh City Council denied a rezoning it needed to move into a house it owned next to A Preferred Women's Health Center, which offers abortions. Hand of Hope has operated as A Hand-Hope Pregnancy Resource across the street about a half-mile from the abortion clinic for years.
"There is no settlement agreement at this point," said Deputy City Attorney Dottie Kibler, but she did provide a copy of the agreed-upon terms in a Friday email to The News & Observer,
The city of Raleigh will pay Hand of Hope $25,000 after the lawsuit is dismissed, according to the settlement terms. Hand of Hope agreed to not allow protesters on its site, "provided public prayer does not constitute protesting."
"We are hoping to get into our space as soon as possible and continue our services like we have been doing at our other centers and providing free resources, referrals, prayer support and being the hands and feet of Jesus right there in the property we own," said Tonya Nelson, CEO of Hand of Hope. "Just like we have always done in our other locations."
Court documents show the city and Hand of Hope agreed to a settlement Sept. 27, pending the approval of the Raleigh City Council.
Nelson said the council agreed to the settlement Nov. 6. The lawsuit was listed as one of the items discussed during the council's closed session on that date.
But an additional term was added after that date that requires "medical activities described in this settlement agreement" be done in accordance with state law, Kibler said.
Hand of Hope wanted to move into the house, at 1522 Jones Franklin Road, to save money on its current lease and be closer to the people visiting A Preferred Women's Health Center.
At the crux of the fight was Hand of Hope's use of ultrasounds at its office and whether it qualifies as a medical facility.
The City Council denied the group's rezoning request In July 2016, saying a medical facility was not a good land-use fit on that stretch of Jones Franklin Road. Later that year, city planning staff said Hand of Hope should be classified as a civic organization because it's religious-affiliated, its staff lacks medical training and the ultrasounds are "non-diagnostic," The N&O previously reported.
Instead of going back to the City Council, Hand of Hope went to the city's Board of Adjustment, but it also ruled against Hand of Hope.
Under the settlement, Hand of Hope will be able to offer free ultrasounds, provide "medication to any woman who regrets taking the abortion pill," life skills, parenting skills, mentoring and Bible studies at its new location, according to the group's Facebook page.
Under the settlement agreement, Hand of Hope will have to follow state law in administering its ultrasounds and other medical procedures, explain its religious origins on its website, and include the phrase "Hand of Hope" on any sign at its new location.
The settlement terms also require that less than one-fourth of the house's square footage be used for medical activities and that Hand of Hope provide a predetermined set of medical services for only 1 in 4 people visiting the office.
"The proposed settlement follows the city's (uniform development ordinance) provision that permits accessory uses and, if approved, would allow limited activity in connection with the accessory use," Kibler said.
Hand of Hope sued in federal court claiming the county violated its First and 14th amendments by denying the group's rights to free speech, religion and equal treatment under the law.
