March 15, 2013

Temporary Restraining Order Against Elgin -- Pregnancy Support Services Resume




Swift protection came to TLC Pregnancy Services and the young women of Elgin in their federal case against Elgin's zoning restrictions. TLC claims the zoning laws impair young women's access to the free pregnancy services offered through the mobile ultrasound facility. Today, United States District Court Judge Samuel Der-Yeghiayan agreed, after hearing arguments from both sides, that TLC is likely to succeed on the merits of its case. The details of the Temporary Restraining Order state that the young women of Elgin are likely to suffer irreparable harm if Elgin's zoning restrictions are applied in a way which denies them access to the free services TLC's mobile ultrasound facility provides.

"The big question is -- why is Elgin wasting tax payer money to restrict the access of young women to free pregnancy services?" said Noel W. Sterett, an attorney with the Mauck & Baker (www.mauckbaker.com) law firm. "We hope today's ruling allows Elgin's officials to rethink their position and do what is best for TLC, Elgin, pregnant women and their unborn babies: get rid of a law which has no purpose and is unconstitutional."

"Young women have been calling and looking for the TLC mobile facility after Elgin restricted us from serving in the community." said TLC's Executive Director Vivian Maly, "At least for now, we have this good news and will be available to support these women close to home."

TLC will now bring its mobile pregnancy service back to its usual positions at the Evangelical Covenant Church of Elgin and JB's Pub & Bar for as long as the court order remains in place. Both of these locations are in close proximity to Elgin's Larkin High School.

"Women deserve access to the help they need for themselves and their unborn children without undue interference from the government," said Alliance Defending Freedom Senior Counsel Casey Mattox. "The court was right to stop the city of Elgin from preventing women from obtaining free ultrasounds and health information. TLC's free services help both Elgin and its citizens, so the city's actions have been both counterproductive and unconstitutional."

View the Temporary Restraining Order here and the original Complaint here.

For Elgin City Council press inquiries, contact Cheri Murphy the Assistant to the City Manager for Community Engagement at 847-931-5667 or Murphy_c@cityofelgin.org.  

Source: Mauck & Baker, LLC.