Judge Backs Albany Bishop, Blocks Opening of Abortion Clinics

ALBANY, N.Y. —  A state judge Friday blocked the opening of two abortion clinics, agreeing with a Roman Catholic bishop’s contention that the state Health Department had failed to prove a need for them.

Justice Harold Hughes ruled in state Supreme Court that the department’s decision to approve an application by Planned Parenthood to operate abortion clinics in Albany and nearby Hudson was arbitrary.

Albany Roman Catholic Bishop Howard Hubbard’s suit on behalf of the diocese to overturn the department’s approval of the clinics was the first such challenge in the state and possibly in the nation, state and church officials said.

In the lawsuit, the bishop contended that the clinics sought by Planned Parenthood would not serve a community health service need, which is required under law.

The church argued that the number of abortions performed in the area is declining and the region’s hospitals could easily meet the current demand for abortion services.

The Health Department maintained that women seeking abortions needed an alternative to hospitals.

The department said abortion clinics were necessary if more than 50% of the abortions in a given region are performed in hospitals and that that was the case in the Albany area.

Hughes ruled that the 50% rule had never been adopted as official policy and was arbitrary.

“We’re very pleased that the court has sustained our position,” said Michael Farano, chancellor of the Roman Catholic Diocese of Albany.

Nathan Riley, a spokesman for the state attorney general, said that, after discussions with Health Department officials, state lawyers were unsure if they would appeal.

“It may be that the most sensible thing to do is to proceed with further hearings by the Health Department” to re-evaluate the need for the clinics, Riley said.

Mary Kahl, president of the board of directors of Upper Hudson Planned Parenthood, said of the ruling: “We’re reviewing this decision with our attorneys and exploring our legal avenues. We believe there is a clear need for the (abortion) service.”