Volume XIV, Number 30 / January 29, 1999

Florida House Committee Rejects Viagra/Contraceptive Equity
The House Governmental Operations Committee voted 4-2 along gender lines to reject a bill introduced by Rep. Lois Frankel (D) to require insurance companies and health care plans that cover the male impotence drug Viagra also cover contraceptives. She argued that given that some health plans have agreed to cover Viagra, there will be more couples having sex. More sex means more potential for unplanned pregnancies and, so, the companies ought to cover drugs that protect women from these unplanned pregnancies.

Insurance company lobbyists predicted that the increased costs of covering contraceptives would force many businesses to drop health coverage for their employees. A spokesperson for the HMO industry threatened that 10,000 people would be forced out.

Two similar bills are expected to be introduced. One would require that insurers and health plans cover contraceptive drugs and devices in the same manner that they cover other prescription drugs and devices.

New York State Senate Leader Scuttles Clinic Protection Bill Passed By The Assembly
On January 25, the New York State Assembly voted 117-32 for a bill that would expand protection of clinics that provide abortions and the personnel who work at those clinics. The bill would have made clinic protection part of state law and included protection against intimidating activities targeting the clinic workers' homes. The bill also would have provided civil remedies for those who are victims of such intimidation. However, for the fifth year in a row, the bill has been blocked in the Senate. Senate Majority Leader Joseph Bruno (R) said the bill was "posturing" that "doesn't really protect anybody any more than the general public is protected today." He said the bill would not be considered by the Senate. Instead, he said, he will push for passage of an anti-stalking bill. His bill will define stalking as "a recurring pattern of behavior that would lead a victim to reasonably conclude that they were in danger of physical harm." Those found guilty would be subject to up to seven years in prison.

Maine Legislators Receive Anti-Choice Petitions
On January 21, the Christian Coalition of Maine held a press conference after delivering 85,151 petition signatures to the Secretary of the State's office (in baby carriages). The petitions demand that a bill banning so-called "partial birth" abortions be passed. If the legislature does not pass such a bill during this session, a referendum will appear on this November's ballot proposing such a ban. The petition organizers had promised to present 100,000 signatures, but only needed 42,131 to force the legislature to act or have the issue put on the November ballot.

A similar proposal was defeated in the Senate two years ago.

A spokesperson for Gov. Angus King (I) says the governor believes current Maine law is adequate. Current law prohibits late-term abortions.

So-Called "Partial Birth" Abortion Ban Introduced In North Dakota
A bill has been introduced in both houses of the North Dakota legislature that would ban so-called "partial birth" abortions. Sen. Terry Wanzek (R), who sponsored the bill in the Senate said he believes it will be passed overwhelmingly. Indeed, Rep. April Fairfield (D), who is pro-choice, said she considered sponsoring the measure. Gov. Ed. Schafer (R) said he will sign the bill if it passes.

Florida Bill Would Require Doctors' Offices Where Abortions Are Performed To Be Licensed
Legislation has been proposed in the Florida House Health Care Licensing and Regulation Committee that would require doctors who perform an occasional abortion in their private offices to obtain a license in order to do so. It would cost up to $1,000 to obtain such a license. Current law only requires clinics that provide abortions be licensed. Opponents of the measure say that it is a frightening and dangerous proposition because the licenses would be public record and would make these doctors and their offices targets of vandalism and other violence.

Michigan Fetal Protection Law Takes Effect
As of January 1 a law is in effect in Michigan that makes it a separate crime if a fetus is killed when a woman is assaulted. Since no fetal age is specified, a person would be liable under this law even if he or she did not know that the woman was pregnant. The stiffest penalties are for assaults when it is the assailant's aim to harm the fetus. In such cases, the assailant can face up to life in prison, which is a similar sentence to that for second-degree murder. The sponsor of the law maintains that it was not directed at abortion, although he says he is anti-choice and "if I could undo Roe v. Wade I'd be the first in line." His says the bill is aimed at instances of domestic violence or drunk driving cases. The pregnant woman would not be held liable under this law for actions she takes that might harm the fetus.

Abortion Opponents Charge That PP of the Rocky Mountains Is Ignoring Parental Notice Law
Supporters of a new parental notification law in Colorado are complaining that PP of the Rocky Mountains (PPRM) is has been telling minors how to obtain abortions in the state without complying with the newly enacted parental notification law. PPRM challenged the law in Boulder County and the court issued a temporary restraining order barring the law's enforcement. If minors come to PPRM clinics in other parts of the state, they are informed of the restriction and urged to involve their parents' in their decision making. However, if they refuse to do so, they are informed that they still can obtain confidential services in Boulder County or New Mexico.

The PPRM challenge to the new law has been moved from state to federal court, and U.S. District Judge Walker Miller denied a request to broaden the injunction to cover the entire state. This was done because in Colorado, individual county district attorneys must be sued and they had not been served with notice of the challenge. Judge Walker has set another hearing for February 2. He has expressed concern about the law's lack of a health exception for avoiding notification.

Florida Clinic Sues On-Line Services Over Anti-Choice Intimidation
The owner of a Melbourne, FL, clinic that performs abortions sued CompuServe and TML Information Services seeking money damages. The suit also seeks damages and injunctive relief from more than a dozen abortion opponents who watch his clinic from a house across the street. The abortion opponents use their vantage-point at the house to video tape and write down the license plate numbers of the cars entering the clinic grounds. They then use the on-line services to obtain the names and addresses of those owning the cars. People who have entered the clinic grounds have received mail from the abortion opponents. One woman was followed into a hospital emergency room by somebody with a video camera after she visited the clinic.

The on-line services buy this information from state's motor vehicle bureau. The lawyers for CompuServe (which recently has been purchased by America On-Line) claim that the on-line service has stopped providing this information.

The suit is a class action lawsuit filed on behalf of anyone whose license plate information has been used to gain their identity. The suit claims that these actions violate the federal Freedom of Access to Clinic Entrances Act, laws guaranteeing the privacy of drivers' license records and the federal Racketeer Influenced Corrupt Organizations Act.

Meredith Raney, a spokesman for Christians for Life, already is being sued by the owners of a clinic in Ocala, FL.

PP Clinic Threatened With Rocket Attack
On January 22, a threat against the Planned Parenthood clinic in Sioux City IA, was phoned in to a Kansas City, MO, radio station. Clinic officials recently had announced that the clinic would begin to offer abortion services. The caller maintained that the clinic was going to be attacked with a rocket launcher. Local police and federal FBI and Bureau of Alcohol, Tobacco and Firearms officials were notified, but nothing occurred.

"We believe that the threat ... was made to intimidate and disrupt us," said Marla Nelson, northwest regional director of PP of Greater Iowa. "It did not disrupt the clinic."

February 8, 1999
Today is the one-year anniversary of the bombing at a clinic in Birmingham, AL, that performs abortions. During this bombing, off-duty police officer Robert Sanderson was slain and clinic nurse Emily Lyons was permanently maimed.

Eric Robert Rudolph, suspected in this and other bombings, is still at large.

Thumbs Down
"Moral laws can transcend the laws of man. One should never violate one's conscience. ... I believe one has an obligation to oppose unjust laws." - Henry Hyde responding when asked why he testified at the trial of Joseph Scheidler for harassment of clinics that provide abortions, "If the law of the land is immoral and condones [the murder of] unborn children, I think that's heroic." From The Washington Post, December 12, 1998.

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