Manassas debate called 'political attack on abortion providers'
http://www.insidenova.com/news/local/manassas/manassas-debate-called-political-attack-on-abortion-providers/article_fdbe3520-a860-11e3-94b1-0019bb2963f4.html
The city of Manassas is poised to become the next battleground in the long-simmering fight over access to abortion rights in Virginia, thanks to a proposed zoning change some say unfairly targets women’s health clinics.
Tonight’s city council meeting is expected to draw activists on both sides of the cultural divide to hear debate over a zoning text amendment. The change, introduced by Republican Councilman Marc Aveni, would add the state’s definition of “medical facility” to the city’s zoning ordinance and require any new clinics that meet the definition to apply for a “special use permit.” That process would subject new women’s health clinics, or those seeking to relocate within the city limits, to public hearings and city council approval.
The change is something Aveni says is reasonable, given the city’s outdated zoning code, which hasn’t been substantially updated since 1946, and the various impacts such clinics have on surrounding communities, including increased traffic, parking and noise from ambulances and, occasionally, protestors.
But critics of the proposed changes say they amount to what abortion-rights activists call “TRAP” laws -- targeted regulation of abortion providers – and are intended to subject women’s health clinics to public and political scrutiny.
The ACLU of Virginia’s Reproductive Freedom Project has been watching the council’s ongoing debate and is encouraging local women’s-rights advocates to attend tonight’s meeting to speak out against the changes, which they say are nearly identical to controversial zoning restrictions the Fairfax City Council approved for medical facilities last year.
Such local laws are “a pointed political attack on abortion providers – period,” said Kathy Greenier, a lawyer with the ACLU of Virginia. “It’s clear to us that this is a matter of singling out abortion providers and trying to restrict access to [services].”
But passions run deep on both sides of the abortion-rights issue in Manassas, home to the Amethyst Health Center for Women, one of fewer than 20 remaining clinics that provide first-trimester abortions in Virginia and a frequent target of anti-abortion protests.
When the city council last took up the issue Feb. 24, the meeting drew about 100 mostly anti-abortion activists, many of whom spoke in favor of Aveni’s resolution. Aaron Messier, head of the pro-life committee of the Knights of Columbus’ George Brent Council, which is affiliated with All Saints Catholic Church, said he expects supporters to turn out again tonight.
Messier said Manassas’s pro-life community welcomes the zoning changes as a means for the public to find out about new clinics and voice their opposition.
“People will hear about it,” Messier said of any new applications from clinics. “It won’t be something that just comes in under the table.”
For his part, Aveni says he’s not sure what all the fuss is about. In an interview Sunday, he said the changes don’t specifically mention abortion and are not intended to single out women’s health clinics – or any particular type of medical clinic.
“I’m not denying anybody anything, so I’m a little perplexed why people are upset by this,” Aveni said.
Still, Aveni insists clinics like Amethyst pose land-use issues worthy of extra scrutiny because of their effects on their neighbors. Aveni said he has received many complaints about the health center from nearby businesses and residents.
“They’re tired of the impacts on both sides, the horns honking [in support of frequent protests] and the armed guards,” Aveni said.
Still, Aveni reiterated that any zoning changes would apply to only new clinics – and would have no effect on Amethyst, which does, however, have to comply with new state licensing regulations for abortion clinics that went into effect last year under then-Gov. Robert McDonnell under the direction of former Republican Attorney Gen. Ken Cuccinelli II.
The council decided Feb. 24 against taking a vote on the proposed changes and instead approved a substitute motion asking city staff to review the proposed changes and research the issue prior to tonight’s meeting, which will take place at 5:30 p.m. at City Hall, 9027 Center St.
In a staff report included in tonight’s meeting agenda, the Manassas Department of Community Development recommends the council deny the changes and instead proceed with earlier plans to conduct a comprehensive review of the entire city zoning code.
The staff report notes that the city’s current definitions for medical facilities now include only designations for hospitals and professional offices (but not outpatient clinics) and concedes an update is warranted.
But the report also argues against Aveni’s amendment, noting that court rulings warn that zoning changes cannot get in the way of constitutional rights.
“When a land-use decision has the potential to impact a constitutionally protected right, the decision to regulate the land-use impacts must meet higher standards to ensure the constitutional right is not infringed,” the report says.
Most other northern Virginia localities, including Prince William County, include three designations for medical clinics in their zoning codes: in-patient hospitals, outpatient medical facilities and medical offices, similar to doctors’ and dentists’ offices.
With the exception of Fairfax city, most localities require special use permits only for hospitals and allow outpatient medical facilities and doctors or dentists offices “by right” in certain zoning districts.
Pro-life demonstrators outside the Amethyst abortion clinic on Sudley Road in Manassas.
http://www.insidenova.com/news/local/manassas/manassas-debate-called-political-attack-on-abortion-providers/article_fdbe3520-a860-11e3-94b1-0019bb2963f4.html
The city of Manassas is poised to become the next battleground in the long-simmering fight over access to abortion rights in Virginia, thanks to a proposed zoning change some say unfairly targets women’s health clinics.
Tonight’s city council meeting is expected to draw activists on both sides of the cultural divide to hear debate over a zoning text amendment. The change, introduced by Republican Councilman Marc Aveni, would add the state’s definition of “medical facility” to the city’s zoning ordinance and require any new clinics that meet the definition to apply for a “special use permit.” That process would subject new women’s health clinics, or those seeking to relocate within the city limits, to public hearings and city council approval.
The change is something Aveni says is reasonable, given the city’s outdated zoning code, which hasn’t been substantially updated since 1946, and the various impacts such clinics have on surrounding communities, including increased traffic, parking and noise from ambulances and, occasionally, protestors.
But critics of the proposed changes say they amount to what abortion-rights activists call “TRAP” laws -- targeted regulation of abortion providers – and are intended to subject women’s health clinics to public and political scrutiny.
The ACLU of Virginia’s Reproductive Freedom Project has been watching the council’s ongoing debate and is encouraging local women’s-rights advocates to attend tonight’s meeting to speak out against the changes, which they say are nearly identical to controversial zoning restrictions the Fairfax City Council approved for medical facilities last year.
Such local laws are “a pointed political attack on abortion providers – period,” said Kathy Greenier, a lawyer with the ACLU of Virginia. “It’s clear to us that this is a matter of singling out abortion providers and trying to restrict access to [services].”
But passions run deep on both sides of the abortion-rights issue in Manassas, home to the Amethyst Health Center for Women, one of fewer than 20 remaining clinics that provide first-trimester abortions in Virginia and a frequent target of anti-abortion protests.
When the city council last took up the issue Feb. 24, the meeting drew about 100 mostly anti-abortion activists, many of whom spoke in favor of Aveni’s resolution. Aaron Messier, head of the pro-life committee of the Knights of Columbus’ George Brent Council, which is affiliated with All Saints Catholic Church, said he expects supporters to turn out again tonight.
Messier said Manassas’s pro-life community welcomes the zoning changes as a means for the public to find out about new clinics and voice their opposition.
“People will hear about it,” Messier said of any new applications from clinics. “It won’t be something that just comes in under the table.”
For his part, Aveni says he’s not sure what all the fuss is about. In an interview Sunday, he said the changes don’t specifically mention abortion and are not intended to single out women’s health clinics – or any particular type of medical clinic.
“I’m not denying anybody anything, so I’m a little perplexed why people are upset by this,” Aveni said.
Still, Aveni insists clinics like Amethyst pose land-use issues worthy of extra scrutiny because of their effects on their neighbors. Aveni said he has received many complaints about the health center from nearby businesses and residents.
“They’re tired of the impacts on both sides, the horns honking [in support of frequent protests] and the armed guards,” Aveni said.
Still, Aveni reiterated that any zoning changes would apply to only new clinics – and would have no effect on Amethyst, which does, however, have to comply with new state licensing regulations for abortion clinics that went into effect last year under then-Gov. Robert McDonnell under the direction of former Republican Attorney Gen. Ken Cuccinelli II.
The council decided Feb. 24 against taking a vote on the proposed changes and instead approved a substitute motion asking city staff to review the proposed changes and research the issue prior to tonight’s meeting, which will take place at 5:30 p.m. at City Hall, 9027 Center St.
In a staff report included in tonight’s meeting agenda, the Manassas Department of Community Development recommends the council deny the changes and instead proceed with earlier plans to conduct a comprehensive review of the entire city zoning code.
The staff report notes that the city’s current definitions for medical facilities now include only designations for hospitals and professional offices (but not outpatient clinics) and concedes an update is warranted.
But the report also argues against Aveni’s amendment, noting that court rulings warn that zoning changes cannot get in the way of constitutional rights.
“When a land-use decision has the potential to impact a constitutionally protected right, the decision to regulate the land-use impacts must meet higher standards to ensure the constitutional right is not infringed,” the report says.
Most other northern Virginia localities, including Prince William County, include three designations for medical clinics in their zoning codes: in-patient hospitals, outpatient medical facilities and medical offices, similar to doctors’ and dentists’ offices.
With the exception of Fairfax city, most localities require special use permits only for hospitals and allow outpatient medical facilities and doctors or dentists offices “by right” in certain zoning districts.
Pro-life demonstrators outside the Amethyst abortion clinic on Sudley Road in Manassas.