On February 28th, the New York State Attorney General Eliot Spitzer withdrew subpoenas served on seven pregnancy resource centers (PRCs) just two weeks after the centers filed suit against his office. All seven centers filed petitions to quash the subpoenas on the grounds that the AG failed to provide any factual basis for issuing them. In addition, the PRCs maintained that the subpoenas were an overt attempt to regulate noncommercial speech, and violated constitutionally protected rights of free speech and association. The attorney general had alleged that the PRCs were engaged in deceptive business practices and the unauthorized practice of medicine, but in the end, his office failed to provide a shred of evidence supporting this.

"The AG has substantial discretion to bring legal process against New Yorkers, but he must eventually provide an evidentiary basis for his allegations in a court of law," said Christian Legal Society Chief Litigation Counsel Nathan Adams. "Obviously, the AG could not sustain this investigation, probably indicating that it was primarily ideological."

Shortly after Mr. Spitzer was elected in 1998, he announced at a banquet sponsored by the National Abortion and Reproductive Rights Action League (NARAL) the creation of the State's first "Reproductive Rights Unit" and emphasized that NARAL's goals were his. According to a handbook recently published by NARAL, entitled Unmasking Fake Clinics: A Step-by-Step Guide. NARAL's goals include attacking the PRC movement by enlisting sympathetic state law enforcement authorities. The handbook teaches NARAL volunteers how to trump up a case against PRC volunteers using false pretenses including false identities and urine samples.

When challenged in the past, PRCs have ordinarily entered into settlement agreements with state law enforcement authorities limiting their speech, as happened this time with respect to the single Birthright facility that chose not to join the PRCs resisting the AG. "However, state law enforcement authorities have returned time and again to tighten the noose set forth in these agreements, never quite satisfied with the limitations they imposed on pro-life speech," said Chris Ferrara, Esq., President of the Catholic Lawyers' Association. "The lesson of this most recent chapter in the proceedings is that PRCs should no longer permit law enforcement authorities to dictate their speech and conduct. We must rely upon the Constitution to stand up for our clients, volunteers, and donors."

In earlier campaigns against PRCs, they frequently lacked sophisticated legal support because they could not afford to pay for qualified counsel. Now, the Christian Legal Society and other legal defense organizations have agreed to partner with PRCs to protect their constitutional rights. In addition, national accrediting organizations for PRCs including Heartbeat International, Carenet, and NIFLA have offered their support, for example, by publishing a booklet, entitled Serving Clients with Care and Integrity, responsive to NARAL.

In his State of the Union Address, President Bush like Presidents before him, urged Americans to volunteer in their communities. The staffs of over 2,200 PRCs nationwide have been answering this call for over three decades now, telling women that they have real choices to abortion and that abortion is the wrong choice. "Donors and volunteers are the real heroes of this civil rights movement," said Mr. Ferrara. "Everyday, they give freely of their time and money to provide solace to women dealing with crisis pregnancies and save thousands of babies from abortion. We must not let these folks down nor the women and babies they serve."

For more information about the case including a sample brief and exhibits, go to: http://www.clsnet.org/clrfPages/litigation/NYAG/pressAlert_NY.php3

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