Fox Valley Families Against Planned Parenthood

What's at issue before the ZBA tomorrow?

Posted by Eric Scheidler, December 11th, 2007

Our legal team, from left: Peter Breen, Rich Baker, Tom BrejchaTomorrow at 7 p.m. at City Hall, our case before the Zoning Board of Appeals (ZBA) will advance another important step forward. The ZBA will consider our "Motion to Complete the Record."

By means of this motion, our attorneys are seeking to ensure two things:

  1. That city officials disclose all documents relevant to our appeal.
  2. That all relevant documents are included in the record.

You see, we've had some difficulty getting city officials to cooperate as we've been putting together our case. They have refused to make copies of certain documents, demanded our attorneys examine documents with a city employee present, as if we can't be trusted, and ordered city staff not to answer our questions.

What's more, the city's lawyer, Alayne Weingartz, is trying to keep certain critical documents out of the record—including, amazingly, the Luetkehans Report!

That's right—Alayne Weingartz doesn't want the ZBA to look at the very report the mayor says he relied upon when he insisted that Planned Parenthood does not need a special use permit and declared that certain late-term abortions could not be performed there.

Why doesn't she want the ZBA to look at the Luetkehans Report? Because she's trying to tell the ZBA that the last time city officials made any zoning determination was months before we submitted our appeal on October 2—and therefore our appeal is "untimely."

Alayne WeingartzThe Luetkehans Report shows quite clearly that the decision to issue an occupancy permit to Planned Parenthood on October 1 was a zoning decision. So Weingartz wants to keep that document out of the record.

Weingartz filed a "Motion to Dismiss" with the ZBA prior to the last hearing, arguing not only that our appeal is untimely, but that the ZBA doesn't even have jurisdiction over the zoning questions we're raising.

Of course, her motion is absurd, and we expect the good citizens to sit on the ZBA to reject it, but our attorneys were prevented from submitting a response to her Motion to Dismiss because of this dispute over the record—in other words, what documents should and shouldn't be considered by the ZBA.

If all goes well tomorrow, the ZBA will rule to include all the relevant documents in the official record of this proceeding. Our attorneys will then submit, by December 24, a response to Weingartz's Motion to Dismiss. And then on January 7, the ZBA will hear arguments and rule on the Motion to Dismiss.

Our presence at the ZBA hearing is crucial

One of the key factors making this an open and fair process is our continued presence at these hearings. At the first ZBA hearing on November 28, the 100 pro-lifers wearing carnations had a powerful impact not only on the ZBA itself, but on all the attorneys—especially our legal team of Peter Breen, Rich Baker and Tom Brejcha.

Planned Parenthood Lies to You (button)Please come the the hearing Wednesday, December 12, at 7 p.m. in the Council Chambers at City Hall, 44 E. Downer Place in Aurora (map). Everyone who attends will receive a free Planned Parenthood Lies to You button like the one pictured here.

But if you can't make it, visit this blog for live reports tomorrow evening.

This entry was posted on Tuesday, December 11th, 2007 at 2:58 pm and is filed under Legal and Political, News. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.

27 Responses to “What's at issue before the ZBA tomorrow?”

  1. Joe says:

    Eric,

    I think it's providential that tomorrow's ZBA meeting is on the feast of Our Lady of Guadalupe. Fr. Euteneur of HLI wrote a great column (on the home page of http://www.hli.org) on Our Lady of Guadalupe.

    December 11th, 2007 at 4:31 pm
  2. Nancy Weber says:

    Dear Eric,

    See you at the ZBA meeting! I hope the special surprise you promised is a Lauzen endorsement!

    We thank you and may God bless you for all your efforts!

    Love and prayers ~ The Webers

    December 11th, 2007 at 9:47 pm
  3. Robert Hernandez says:

    Of course! Shame on me. I am mexican and did not keep in mind this glorious day of our Lady of Guadalupe to take advantage and intensify prayers. Fortunately there is still time.

    I have great hope and entusiasm that our prayers will be answered in a beautiful way with the intercession of our Lady.

    December 11th, 2007 at 10:17 pm
  4. Library Betty says:

    Keep up the good work. I can't make it tomorrow, but I will stay posted and keep praying for you!

    December 11th, 2007 at 11:25 pm
  5. juli c. pealstrom says:

    Thank you, Eric, for keeping us informed and up to date. I am grateful for having the privledge of living in a country where we have the freedom to attend meetings like this, and have the chance to speak up and be heard. And I am thankful for serving a God Who hears the prayers of His people. Thank you for reminding us of the things about this issue we do need to keep in mind. I hope we are all bombarding heaven with our requests! We are told that the Lord hears our cries, let us unite in fervent prayer to Him.

    December 12th, 2007 at 1:55 am
  6. Pat Lence says:

    Eric & Team,
    Thank you for everything that you are doing for our city and nation. I am overwhelmed and inspired by your knowledge and dedication and can only believe that your wisdom is God's blessing.
    Pat

    December 12th, 2007 at 6:16 am
  7. Cindy Leidig says:

    Eric: Thank you for your tireless work on this issue! You have gone above and beyond for this. You are such a blessing. Keep doing God's work and hopfully I will be able to help in some way! In his Grip - Cindy

    December 12th, 2007 at 11:05 am
  8. Mary Lu says:

    I disagree, Nancy, FAPP cannot go into the business of endorsing any politician. We need to stay focused and not alienate anybody.

    December 12th, 2007 at 8:37 pm
  9. Nancy Weber says:

    Hi Mary Lu and all!
    Regarding the Lauzen endorsement, I know FAPP can't endorse a candidate without a Political Action Committee like Illinois Citizens for Life does. Who, by the way, also endorsed Chris Lauzen, but I think politics should be our main focus. It was Pontius Pilate who condemned Christ to death and it is our law makers who legalized abortion in the first place. That is why were are here today. God raises up these good people to risk it all and the least we can do is support them. If we don't inform people about the only good canidate to vote for, we ARE alinating them. Truth, always the truth. People need to know, Jim Oberweise lost three major elections, he called pro-lifers, 'equal to the talaban' and he financially supported the pro-homosexual, pro-abortion and pro-embyonic stem cell research canidate, Judy Barr Topinka after he lost the primary to her. I like Jim Oberweise, I've helped him in his past campaignes, I voted for him, but this election belongs to Chris Lauzen who has already proven himself to us, his constituants, and has given us 15 years of his life in well documented, pro-life victories. Chris' family life shines and you don't have to count the grandchildren in his picture ads to see if one of his grandchildren are his wife or granddaughter. "Not that there is anything wrong with that", Thompson would say. Yes, Chris Lauzen is a solid ethical, genuin, down to earth, matter of fact man who I am proud to endorse and support. Thank you Chris for sticking your neck out for 15 years and taking the hits for the smallest among us who have no voice and for the frightened women, who have abortions because they feel like they don't have a choice. God bless you and your wonderful family. ~ Nancy Weber

    December 13th, 2007 at 11:39 pm
  10. Brian says:

    "Chris' family life shines and you don't have to count the grandchildren in his picture ads to see if one of his grandchildren are his wife or granddaughter."

    That was an awfully rude thing to say.

    December 14th, 2007 at 9:42 am
  11. Curt Massie says:

    Chris Lauzen has earned our support. He was pro-life, pro-family, on his first day of campaigning for his first term in office and has been unwavering ever since. I can not think of any reason a voter of conscience would even consider voting for someone else. Chris has been a hero for family values in Springfield and he will be a champion for Life in DC. And is God's timing impeccable? Who could better fill the shoes of Henry Hyde than Chris. Shame on you if you fail to show up election day to repay the loyalty Chris has shown the Right to Life cause. Don't take my word for it. Study Chris's record in Springfield. If you really are a voter of conscience rather than one of convenience, you will be duly impressed.
    If Oberweis and others pale by comparison? Tough.

    December 14th, 2007 at 10:27 am
  12. Sandy says:

    Curt and Nancy,

    Here! Here! and Amen to what you said. I couldn't agree more. Chris is the same today as he was the first day he came to our door 15 years ago asking for our votes. He stands for truth. He stands for life. He is not one of the "good old boys" so he doesn't have the party support. He definitely has our family's support along with many we know. Of course FAPP can't and shouldn't endorse. We as individual citizens can and should.

    December 14th, 2007 at 10:41 am
  13. Leviticus Jackson says:

    Regarding the Lauzen endorsement, I know FAPP can't endorse a candidate without a Political Action Committee like Illinois Citizens for Life does. Who, by the way, also endorsed Chris Lauzen, but I think politics should be our main focus.

    Nancy,
    Why can't your organization endorse a candidate? Until you get pro lifers in govt you will be standing at that clinic every day. I am extremely happy that I actually hear people talking about politics because that is a way you can possibly stop abortion. I am no politician but I believe Mike Huckabee has picked up steam because he is pro life too.

    December 14th, 2007 at 1:20 pm
  14. Nancy Weber says:

    Dear Brian, AMDG

    Sorry if I came accross 'mean-spirited'! It is the honest truth though! A family from our parish said they did the same thing, counted the children in Mr. Oberwieces' ad to see if one was his wife!

    "Jesus Christ was not crucified by the power of evil people. He was crucified by the silence of good people. A Christian who is silent about abortion has betrayed the Gospel of Jesus Christ."
    ~ Father Frank Pavone

    I think that phrase can be said about a lot of things!

    There but for the grace of God go I. I don't condem, we are called though to instruct the ignorant and admonish the sinners in our faith. God knows I have plenty of sin to go around, hence, I do not seek public office. Maybe we can try to love each other by holding each other to higher standers, starting with our politicians. Peace ~ Nancy

    St. Benedict, pray for us.

    December 14th, 2007 at 1:24 pm
  15. Nancy Weber says:

    Dear Leviticus, JMJ

    Your freaking me out! I read a lot of pro-abortion stuff you had written; about wanting us to publically protest in someone's basement! Now, you refer to FAPP as our, (your) organization, and you want us to blog about politics on a non-for-profit 501 site!

    I think I'll wait to get a clearification before blogging anymore!

    "In a battle, the gates don't attack the enemy; rather, the enemy attacks the gates. When the Lord says the gates of hell will not prevail against the Church, He means that the Church must storm the gates!"

    ~ Fr. Frank Pavone

    . . .for more great quotes by Fr. Frank Pavone, go to his site @ http://www.priestsforlife.org and get one of his calendars!
    Nancy for Life

    December 14th, 2007 at 1:42 pm
  16. Leviticus Jackson says:

    Nancy,
    I was asking a serious question. I am not sure what you read but I never pushed to protest in someone's basement. I pushed to get rid of the dead baby photos that my neighbors and I were just sick and tired of seeing that were being shown daily at the clinic. I live a stone's throw from the clinic and I see it every day to be truthful. Why can't your (I am not a part of it) organization endorse a candidate?

    December 14th, 2007 at 8:58 pm
  17. Mary Lu says:

    I HAVE BEEN QUIET ALONG THIS BUT I CANNOT STAND IT ANY MORE!!!!
    Nancy says: "Yes, Chris Lauzen is a solid ethical, genuin, down to earth, matter of fact man who I am proud to endorse and support. Thank you Chris for sticking your neck out for 15 years and taking the hits for the smallest among us who have no voice and for the frightened women…"
    I WAS/AM A frightened woman..I HAD/HAVE NO voice…he took NO hits for me…he WON'T stick his neck out for me. I know I am not an unborn baby so don't answer condescendingly to me to teach me anything that I don't already know. But I know this as well…I know I AM LIFE TOO AND SO ARE OTHERS LIKE ME.

    Chris Massey said: "He was pro-life, pro-family, on his first day of campaigning for his first term in office and has been unwavering ever since. I can not think of any reason a voter of conscience would even consider voting for someone else. Chris has been a hero for family values in Springfield and he will be a champion for Life in DC. And is God's timing impeccable? Who could better fill the shoes of Henry Hyde than Chris. Shame on you if you fail to show up election day to repay the loyalty Chris has shown the Right to Life cause
    WELL HE DID waver for me. How DARE YOU SAY I AM A VOTER 'WITH NO CONSCIENCE' AND HOW DARE TOU SAY 'SHAME ON YOU'. You have NOT lived in my shoes and know what I know. I have experiences you will NEVER have at least I PRAY GOD WILL SPARE THEM OF YOU.

    Sandy says: "Chris is the same today as he was the first day he came to our door 15 years ago asking for our votes. He stands for truth. He stands for life. He is not one of the "good old boys" so he doesn't have the party support. He definitely has our family's support along with many we know. Of course FAPP can't and shouldn't endorse. We as individual citizens can and should."
    MY God in heaven!!!!!! I pray that he hasn't been that way for 15 years and maybe just only now. I spoke the TRUTH AND ALWAYS HAVE. I STOOD FOR LIFE AND ALWAYS HAVE. HIM? SPARE ME THE 'not one of the good ol' boys club'. I HAVE EXPERIENCED DIFFERENT!! I WILL NOT SUPPORT HIM.

    I AM THOROUGHLY, PHYSICALLY ILL AT THIS MOMENT THAT I COULD TO VOMIT. WAKE UP PEOPLE WAKE UP!!!!! AGAIN HOW DARE YOU THROW YOURSELF AROUND LIKE YOU KNOW ANYTHING ABOUT IT AT ALL, HOW DARE YOU!!!

    December 15th, 2007 at 12:17 am
  18. Greg Guest says:

    Hey Nancy: I'd vote for Pontius Pilot before I'd vote for Chris Lauzen. If a good looking family is the qualification why don't you run? And as far as good old boys did you ever see his political contributors lists. He may not owe PP anything, but everybody else will be standing in line. Did Chris ever really stand alone on an issue? Look at the bill sponsorships for the years he's been in Springfield. I don't want to personally attack Chris here, but if you want to openly endorse him, you don't leave others much choice, but to shoot him down. Why did Chris wait until just now to start crowing about the parental notification issue? Surely as a tenured state senator he could have used some leverage to maintain pressure or publicity to get things rolling sooner. And one last thing; I'll never forget that rationally thought out legal name change to Christopher J. Lauzen, CPA. Well at least the county judge had more sense.

    December 15th, 2007 at 12:40 am
  19. Sylvia says:

    Regarding the Lauzen thread: Nobody's perfect. Let him who is without sin cast the first stone.
    That said, I think both Oberweis and Lauzen could do a fair job of representing us. But Lauzen has a record to look to, whereas Oberweis does not. What has Lauzen done? He has fought consistently against abortion, was the lead sponsor of the Partial Birth Abortion Ban Act, and most recently, according to his record at the IGA site. , on 1/31/07, he sponsored a bill to force abortion facilities to meet the strict standards required of all other ambulatory surgical centers. It's apparently stuck in the Rules Committee, but Lauzen is trying. Just look at his record. Where do you find fault in his public record?

    December 15th, 2007 at 2:03 am
  20. Mary Lu says:

    As far as me I never said I was without sin, in fact I feel I am a low worthless snail but I would have never done those things to anyone. It was inhumane. He only sneered. I must not be worthy of reoresentation.

    December 15th, 2007 at 9:14 am
  21. Greg Guest says:

    I don't know your criteria for who gets your vote, but I choose to treat it like a precious commodity. An illusive commodity earned by the blood and toil of our ancestors. A commodity denied to many of this planet. Chris Lauzen may be a lot of what his supporters say, but to me there's little difference between him and any other politician. I have often gone into the voting booth and left the office in question blank. Like our governors’ race this last election. I was given no choice, so I chose no one.

    December 15th, 2007 at 9:44 am
  22. Jerry Nickels says:

    I see where PP has endorsed Bill Foster for the Hastert vacancy. Steve Trombley, who is not even a resident of the 14th congressional district, articulated exactly why we do not want to implode on our way to the voting booth. Bill Foster will be a strong supporter of PP and everything they stand for.

    Whether it is Mr. Oberweis or Mr. Lauzen that prevails in the primary we need to do our best to insure that one will get in at the general election. Neither is perfect (who is?) but they will not be in Planned Parenthood's back pocket as is Mr. Foster.

    One of the dangers about talking politics is that there is the potential to create divisions and hard feelings. So I will try to be very careful not to offend anyone.

    We must be realistic about what a single person can achieve while in office. To this end in all fairness Chris Lauzen has done more for pro-life causes than most of his colleagues in the state senate. Could he have done more? Probably, but in Chris we will have someone who has stuck his neck out more than once and has been a friend to the pro-life movement for years.

    Also in fairness, if we want to judge the effectiveness of a particular politician on behalf of pro-life issues, neither President Reagan or President Bush with all of their political power accomplished what many have felt they could. So by comparison a state senator should not be expected to prevail where others far more powerful have not.

    The political difficulty of trying to steer a particular piece of legislation through a body of equally strong willed individuals is something I suppose most of us (myself included) could never really appreciate unless we were to experience it firsthand. This is where Chris Lauzen has an edge over any of his opponents. He has been there for some 14 years and going into the U.S. House of Representatives he will carry with him the experience that will serve his constituents well.

    And finally for what it is worth (probably nothing, but please bear with me) when it comes time to replace Senator Durbin I can think of no one with a better shot at it than Jim Oberweis.

    December 15th, 2007 at 2:05 pm
  23. L.K. says:

    Personally, I would only consider Oberweis if he made cheaper ice cream. I mean, come on..why do we have to pay as much for this stuff as those in other states do?

    December 15th, 2007 at 3:15 pm
  24. Brian says:

    "why do we have to pay as much for this stuff as those in other states do?"

    Because it's goooood! Try the eggnog or the peppermint this Christmas.

    December 15th, 2007 at 3:23 pm
  25. L.K. says:

    Brian,
    LOL!
    It is good…I'd buy more if it were cheaper, though!
    I mean, come on, nine bucks for a pint of ice cream?
    Holy cows!

    :)

    December 15th, 2007 at 4:54 pm
  26. Jessica T. says:

    Mary Lu, I have been reading this blog and your longest reply has confused me. I too have been supporting Chris Lauzen due to his record. And what I believed to be sincerity. You sound so hurt by him and without asking you to spill your guts, could you be more clear about your trouble with him? I don't want to support someone who is a charlitan. Has he done something criminal? What is this sneer that he gave you in reference to. I don't believe anyone meant to be condescending to you. I'm so sorry you felt so misunderstood, but personally I would really like to understand why you feel this way better. So I can make a better assessment of who to vote for also. May God be with you, respectfully Jess

    December 16th, 2007 at 11:15 am
  27. Sylvia says:

    Jerry, well said…though Dick Durbin IS up for reelection. You don't hear much about it in the media. There are 3 Republican candidates to run against him: Andy Martin (a candidate with an interesting history that runs for office frequently, but no one takes seriously), Steve Sauerberg (a doctor that has just gotten the support of the IL GOP leadership–a dubious endorsement–but who would not give me a straight answer when I asked him, twice, if he was pro-life), and MIKE PSAK (the only admitted, truly pro-life candidate). Mike Psak is a truck driver with an MBA/Finance who is a little rough around the edges but intelligent, conservative, and will vote according to Christian principles, not caring what the Establishment may think. While his main focus would be on jobs (his strength from his educational/working background), he is VERY pro-life (no exceptions), and he'd love to defund PP. Please get the word out about him, and contribute to his campaign if you can. He's in serious need of funding. His web site is http://www.psak4ussenate.com/index.html

    December 17th, 2007 at 1:18 am

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