Dana Cody, Esq.

Executive Director
Catherine W. Short, Esq.

Legal Director
Mary Riley

March 28, 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: State Board of Health v. All Women's, Inc.. et al. To Mr. Hale: It has recently come to our attention that your agency has filed a complaint against New Woman All Women abortion clinic seeking to enjoin NWAW from holding itself out as an abortion provider without the required license and to enjoin Bruce E. Norman from performing 30 or more abortions per month without the required license. While we applaud your effort to take action against NWAW, it appears as though several matters have been overlooked by your department and require immediate enforcement action. First, pursuant to the terms of the consent agreement, Bruce Norman is prohibited from performing ANY abortions at the NWAW abortion clinic located at 1001 17th Street, Birmingham, AL. (NWAW Consent Agreement, Paragraph 3.) Additionally, even if some new individual or entity claims to be licensed to operate an abortion clinic at the facility located at 1001 17th Street, Birmingham, AL, pursuant to the terms of the consent agreement that individual and/or entity must not employ Dr. Norman. (NWAW Consent Agreement, Paragraph 2.) In your complaint, you merely seek to limit the number of abortions that Norman performs to less than 30 per month. We demand that the ADPH seek to permanently enjoin Bruce E. Norman from performing ANY abortions at the NWAW clinic located at 1001 17th Street, Birmingham, AL. Furthermore, Alabama law provides that, Evidence that a person who is a licensed health care professional is or has been operating an unlicensed hospital or knowingly is or has been an employee of an unlicensed hospital shall be grounds for license revocation by the applicable professional licensing board or boards. Thus, in addition to seeking a permanent injunction prohibiting Norman from performing abortions at the NWAW clinic, the ADPH should be seeking to permanently enjoin Norman from providing ANY medical services in the entire state of Alabama and should immediately seek revocation of Normans medical license.

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

LIFE: AT THE HEART OF THE LAW

Secondly, pursuant to the terms of the consent agreement, Diane Derzis is prohibited from providing abortions at NWAW. (NWAW Consent Agreement, Paragraphs 1, 2.) Additionally, even if some new individual or entity claims to be licensed to operate an abortion clinic at the facility located at 1001 17th Street, Birmingham, AL, pursuant to the terms of the consent agreement that individual and/or entity must be independent from Derzis and must not employ Derzis. (NWAW Consent Agreement, Paragraph 2.) As of the filing of the ADPH complaint against NWAW and Diane Derzis, Derzis still owns the property and building located at 1001 17th Street, Birmingham, AL. There has been no evidence presented that proves that any individual or entity doing business at the facility located at 1001 17th Street, Birmingham, AL is not affiliated with Derzis. Furthermore, the ADPH cited numerous deficiencies with the facility located at 1001 17th Street, Birmingham, AL, which require immediate correction prior to any individual and/or entity operating a business at the location. In your complaint, you merely seek to restrict Derzis ability to operate an unlicensed abortion clinic at 1001 17th Street, Birmingham, AL. As of the filing of the ADPH complaint against NWAW and Derzis, no proof of correction of any of the deficiencies has been filed with the ADPH. As such, we demand that the ADPH seek to permanently enjoin Diane Derzis from operating or allowing for the operation of ANY business at the facility located at 1001 17th Street, Birmingham, AL, unless and until it can be proven that the business is independent from Derzis and that all deficiencies have been corrected. It is incumbent upon the ADPH to act promptly and justly in this situation. Such deliberate violations of the consent agreement must be stopped immediately. Paragraph 5 of the consent agreement allows and requires the ADPH to take enforcement action in the form of an emergency administrative order of closure against NWAW in the face perpetual violations of the consent agreement. We demand that ADPH pursue this remedy and seek to forcibly close the doors of the facility at once! What is particularly troubling in this matter is Derzis and Normans blatant disregard for the law. The ADPH is tasked with ensuring the health and welfare of Alabamas citizens. This task is accomplished through the swift enforcement of the Rules and Regulations of the Health Department and general business regulations. Derzis and Norman have scoffed at the terms of the consent agreement signed with the ADPH and persist in putting the lives of women at risk. Further, Derzis has ignored her professional obligations as a business owner. Derzis has maintained the NWAW website and voicemail that both advertise that the NWAW clinic provides abortions. Derzis has deceived the public into thinking that NWAW is a licensed abortion clinic in direct violation of the Alabama Deceptive Trade Practices Act (ADTPA). (Ala. Statutes Annotated Section 8-19-5.) A court may suspend or revoke any license authorizing a person to engage in business in this state or may enjoin any person from engaging in business in this state upon a showing that a person has engaged in continuous and willful violations of the provisions of the ADTPA. (Ala. Statutes Annotated Section 8-19-8.) Therefore, we demand that the ADPH seek to permanently enjoin Diane Derzis from operating
LIFE: AT THE HEART OF THE LAW LLDF.org

ANY business in the state of Alabama. We implore your agency to conduct a more thorough investigation into Ms. Derzis and Dr. Normans business practices and to hold both Ms. Derzis and Dr. Norman accountable to the fullest extent of the law. 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 by Bruce Norman at the NWAW abortion clinic. Ms. Derzis business practices and Dr. Normans medical 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 Life Legal Defense Foundation PO Box 890685 Temecula, CA 92589 Phone (951) 296-2835 Fax (951) 541-2711

LIFE: AT THE HEART OF THE LAW LLDF.org