Planned Parenthood of Greater Ohio has filed a federal lawsuit against the Ohio department of health’s director after the group was cleared of selling fetal tissue and accused of improperly disposing of it in the same press conference.
The new accusation came as a six-month-long investigation by the state’s attorney general drew to a close. Ohio’s attorney general, Mike DeWine, announced that the state would seek an injunction against Planned Parenthood clinics on Monday, to stop them from disposing of fetal tissue remains. He accused affiliates in the state of disposing of fetal remains in landfills, which he said violates state law that requires “humane” disposal.
Planned Parenthood said it has followed protocols for disposing of fetal tissue that are standard in the medical industry and that DeWine’s reaction is “heavy handed” given Ohio’s typical process for dealing with health-code violations. The group said in the lawsuit that it first heard of the allegation that it was not properly disposing of the waste on Friday, when DeWine told the press he would seek an injunction.
Though DeWine promised to file a lawsuit seeking an injunction on Monday, a lawsuit was not filed as of Monday afternoon, because both Planned Parenthood and representatives of DeWine’s office were in a hearing before southern district of Ohio judge Edmund A Sargus.
“The majority of Ohioans, when they hear about this issue, are going to agree that disposing of human fetuses in a landfill with trash is not a humane disposal,” said Dan Tierney, a spokesman for DeWine’s office. “Personally, [DeWine] believes that burial and cremation are humane disposal methods.”
Planned Parenthood, however, has called the allegation that they violated the health regulation “inflammatory”, according to the Associated Press, and accused the state department of health head of participating in a clear effort to stop legal abortion in the state.
“[For] the first time, [Ohio’s department of health director] has arbitrarily singled out [Planned Parenthood] and claims that their actions in following infectious waste rules nonetheless violates the fetal tissue rule,” attorneys wrote in a federal lawsuit filed by Planned Parenthood. “This sudden and targeted treatment is no doubt motivated by his animus to a woman’s right to safe and legal abortion and to Planned Parenthood in particular.”
In its federal suit, attorneys for Planned Parenthood wrote that they first learned of the state’s intent to file an injunction on Friday, seeking to stop the group from disposing of fetal remains through a medical contractor, one of whom has already canceled a contract with an affiliate.
Attorneys said that previously, all health department violations were handled via a letter of deficiency that gave clinics time to correct problems. In the lawsuit, attorneys for Planned Parenthood argued that Ohio is selectively enforcing a vague statute by immediately seeking an injunction against the organization.
Ohio has had a requirement for “humane” disposal of fetal tissue since 1975. Planned Parenthood officials said the group has disposed of aborted fetal tissue through a medical contractor for years, as other hospitals and ambulatory surgical centers do.
Ohio’s Republican house majority is also expected to announce new legislation regarding the latest allegations. Tierney, who said he had not yet seen two bills expected on Monday, said the proposed legislation would “address this issue moving forward”. Tierney said the bills would be sponsored by Republican abortion opponents such as representatives Barbara Sears and Tim Ginter.
Already, Republicans in the state have introduced legislation that would yank non-Medicaid public funds from Planned Parenthood. If signed by the governor, the bill HB 294 would stop Planned Parenthood (and any other abortion providers) from receiving grant money that funds programs to screen for HIV, end domestic violence and prevent infertility.
Ohio’s state governor, John Kasich, who is running for the Republican presidential nomination, has long been an abortion opponent, enacting some of the most restrictive abortion regulations in the country.
The latest accusation marks the third investigation by officials in the state. Ohio’s state auditor, Dave Yost, required employees at the state’s department of Medicaid to audit Planned Parenthood after anti-abortion activist videos were released. He said that he “didn’t have any suspicion of wrongdoing” but was “curious”, according to the Cleveland Plain Dealer. Clinics operated by Planned Parenthood in Ohio have received about $17.2m over the last five years in Medicaid reimbursements, according to figures reported by the newspaper.
