Dana Cody, Esq. Executive Director Catherine W. Short, Esq.

Legal Director Mary Riley Administrative Director Allison K. Aranda, Esq. Senior Staff Counsel Board of Directors John R. Streett, Esq. Chairman Dana Cody, Esq. Marcella Tyler Ketelhut Terry L. Thompson, Esq. Colette Wilson, Esq. Anthony E. Wynne, JD Advisory Board The Hon. Steve Baldwin San Diego, California The Rev. Michael R. Carey, OP, JD Colorado Daniel Cathcart, Esq. Los Angeles, California The Hon. William P. Clark Paso Robles, California Raymond Dennehy, PhD. San Francisco, California The Rev. Joseph D. Fessio, SJ San Francisco, California The Hon. Ray Haynes Riverside, California James Hirsen, Esq. Riverside, California The Hon. Howard Kaloogian Los Angeles, California David Llewellyn, Esq. Sacramento, California Anne J. OConnor, Esq. New Jersey Charles E. Rice, Esq. South Bend, Indiana Ben Stein, Esq. West Hollywood, California Andrew Zepeda, Esq. Beverly Hills, California Northern California (Administration) P.O. Box 2105 Napa, California 94558 (707) 224 6675 Southern California P.O. Box 1313 Ojai, California 93024 (805) 640 1940

March 8, 2013 Alabama Department of Public Health ATTN: Brian Hale 201 Monroe Street, Suite 1540 Montgomery, Alabama 36104 334-206-5873 (voice) 334-206-5874 (fax) brian.hale@adph.state.al.us Sent via email RE: New Woman All Women Activity in Violation of Consent Agreement To Mr. Hale: Evidence has recently been brought to our attention indicating that Diane Derzis is still operating an abortion clinic at the New Woman All Women (NWAW) clinic located at 1001 17th Street S, Birmingham, AL. Ms. Derzis is strictly prohibited from providing abortions at this facility per the consent agreement signed by Derzis and your agency on April 2, 2012. As you are aware, on April 2, 2012, NWAW abortion clinic owner Diane Derzis signed a consent agreement regarding the surrender of her clinics license on or before May 18, 2012. Ms. Derzis did in fact surrender her license on May 18, 2012. Additionally, the Alabama Department of Public Health (ADPH) has not issued a license to any individual to operate the NWAW abortion clinic since the surrender of Ms. Derzis license. As such, no abortions are permitted at this facility. In the past couple of weeks, I have been informed that individuals have called NWAW seeking abortions. These women called 205-933-1118, the number advertised by New Woman All Women on their website and in the local phone directory. During these calls, a woman answered the phone and confirmed that the individuals could obtain an abortion at the clinic located at 1001 17th Street South, Birmingham, AL 35205. The individuals did not, in fact, follow through with their appointments and thus did not obtain abortions at the clinic. This would not be the first violation of law that Ms. Derzis has committed since signing the consent agreement in April 2012. In September 2012, we reported to both your agency and to the Alabama Office of Attorney General that NWAW continued to advertise abortion services both on its website and via voicemail. Ms. Derzis has ignored the terms of this consent agreement and persists in advertising that her NWAW clinic performs abortions in direct contravention to the terms of the agreement and in apparent violation on Alabamas Deceptive Trade Practices Act.

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Furthermore, Alabama law requires that an Abortion or Reproductive Health Center be licensed by the ADPH if, The health care facility holds itself out to the public as an abortion provider by advertising by some public means, such as a newspaper, telephone directory, magazine, or electronic media, that it performs abortions. NWAW is still advertising both via phone and Internet that it performs abortions, thus it must be licensed by the ADPH. Derzis license to operate NWAW as an abortion clinic was revoked last year, therefore she is prohibited from advertising that the clinic performs abortions and precluded from providing abortions at the clinic. In addition to advertising that abortions are performed at NWAW, it now appears as though Ms. Derzis is in fact providing abortions at the facility. On Saturday, March 8, 2013, witnesses observed five people working at the abortion clinic, approximately fifteen women entering the abortion clinic for services, and Bruce Norman leaving the clinic. Based on the abovementioned phone calls and the observations this past weekend, it is apparent that abortions are being performed at NWAW. We implore your agency to conduct a full investigation into Ms. Derzis business practices and to hold Ms. Derzis accountable in a court of law for any and all violations. As you are aware, the reason Ms. Derzis license was revoked in the first place was because of serious deficiencies outlined in a report dated March 1, 2012, deficiencies that came to light after at least one woman was injured during the performance of abortion at the NWAW. Ms. Derzis business practices not only violate the law, but also continue to endanger the lives of Alabamas women. Thank you for your time and consideration of these matters. We look forward to discussing your response to our concerns and we hope to hear from you in the next couple of days regarding this urgent matter. Very truly yours,

Allison K. Aranda Senior Staff Counsel On behalf of: Fr. Terry Gensemer, Director Sarah Howell, Assistant CEC For Life frterry@cecforlife.com 205.798.8209 Troy Newman, President Cheryl Sullenger Operation Rescue
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