Fox Valley Families Against Planned Parenthood

Now we're getting somewhere!

Posted by Matt Yonke on Thursday, February 14th, 2008

Yesterday at 3:32 p.m., our zoning case [PDF] against Planned Parenthood and the City of Aurora was filed in Illinois State Court! Finally, we have moved out of the cloistered city politics of Aurora and into State Court, where our case can finally be heard.

The case, brought by five courageous residents of the Oakhurst neighborhood and FVFAPP, will finally call Planned Parenthood to task for their lies and deceit. The City will be forced to admit what they knew when, and PP will be forced to give an account for their lies to City officials and the community.

Thomas Brejcha and Peter Breen of the Thomas More Society Pro-Life Law Center in Chicago explain that the rights of Aurora citizens have been violated in three ways:

  1. Planned Parenthood's deceit (perhaps with the City's complicity) robbed citizens of their basic right to establish the kind of community they wish to live in. City law demands citizens be informed when businesses like PP come into town, but PP skirted those laws.
  2. By robbing citizens of any voice in determining what kind of community Aurora would become, citizens' freedom of speech was violated.
  3. Finally, citizens were robbed of the protection meant to be afforded them under the city zoning code. You and I don't have the resources to stop PP from putting abortion centers wherever they want to. That's what the zoning code is for, but when PP lies and the city looks the other way, a higher governmental authority must be called to action.

Which is why we are very excited to finally have the facts of this case brought into the cold light of day where they belong. As Peter Breen said in an article in the Aurora Beacon today, "All we want is justice." The story was also covered by Chicago Tribune.

This entry was posted on Thursday, February 14th, 2008 at 1:16 pm and is filed under Legal and Political, News, Planned Parenthood. You can follow any responses to this entry through the RSS 2.0 feed. Both comments and pings are currently closed.

27 Responses to “Now we're getting somewhere!”

  1. Judy George says:

    I live South of McCoy in Oakhurst Country Homes and am still greatly affected by the presence of the abortuary on Oakhurst as I have to pass by it every morning on my way to New York Street. I say a prayer for 1 person that day to have a change of heart. I also purchased a license plate holder from choose life Org. The proceeds of their sales go to help young girls keep their babies. Maybe one person driving behind me seeing the holder will give life a chance.

    Judy

    February 14th, 2008 at 4:24 pm
  2. Sally Sullivan says:

    Thanks be to God and to Eric for leading this charge with the support of the Pro-Life Action League, Aurora churches and residents and all who have prayed or protested this deceitful act by PPFA. May God have mercy on them and all complicit or indifferent to this and all the other horrendous crimes against humanity taking place within this building but NOT before justice is rendered for the innocent.

    February 14th, 2008 at 4:31 pm
  3. Dennis Duehning says:

    Thank you, Mr. Brejcha and Mr. Breen, for holding Planned Parenthood responsible for their lies and deceit. May the light shine in.

    February 15th, 2008 at 12:47 am
  4. Student says:

    When I said this wouldn't get anywhere with the City Council I was told that God would intervene and I was incorrect. That proved false. This lawsuit won't go anywhere either. My opinion is that it is a further waste of taxpayer dollars that will fail to accomplish your goals. I know most, if not all of you, will disagree with me. However, I believe time will prove me right.

    February 15th, 2008 at 7:34 pm
  5. Steve says:

    Student, you miss the point entirely. This law suit has become the only recourse us citizens of Aurora have to force the city officials and PP to be open and honest with us. If it weren't for the lies of PP and the incompetence and attempted cover up by city officials this law suit would not be necessary. I'm not going to tell you that God will intervene directly, who ever does speaks in error. No one can know what God will do. However, I will tell you that the law will intervene and force the truth into the open. The reason I disagree with you is because you are wrong. Our goal is to have the case heard and obtain full disclosure of facts. That will be accomplished. If everything turns out to be on the up and up then it will be shown. If it turns out that the deceit of PP and the City broke ordinance or law, then everyone should want to know. The fact that you don't exposes your bias, willful ignorance and lack of intellectual honesty.

    February 15th, 2008 at 8:36 pm
  6. Brian says:

    Steve,

    I'm a pessimist on this issue. If I was a judge looking at this case, I would say that I'm supposed to defer to the city administrative agency unless there was an overwhelmingly good reason not to. I hope that the lawyers have a good argument on this point because if they don't, there will be no discovery.

    February 15th, 2008 at 8:54 pm
  7. Roger says:

    Steve,

    However, I will tell you that the law will intervene and force the truth into the open.

    I do hope you are correct in this statement. Who knows with Illinois?

    God Bless,
    Roger

    February 15th, 2008 at 9:08 pm
  8. Steve says:

    Well Brian I have no idea why you would say that, unless you fancy yourself a Judge or lawyer. It would seem however, that the cities refusal to hear complaints concerning ordinance violations, refusing to provide pertinent documents and information, and clearly violation their own zoning ordinances should be reason enough to allow discovery. If the judge decides otherwise it will be an activist judge placing personal politics before justice. If that happens, he'll be looking for another job soon.

    February 15th, 2008 at 10:07 pm
  9. Brian says:

    Steve,

    I agree one hundred percent that Planned Parenthood deceived the City's residents. What I am saying is that judges, when presented with an appeal from an administrative body, defer to that body unless there is overwhelming reason not to. When presented with a case that challenges a zoning issue, the judge will say why is this before me instead of the zoning board? If your response is that the zoning board says that the challenge wasn't timely or that they have no jurisdiction, the judge will say why shouldn't I listen to the zoning board?

    The entire problem is that Planned Parenthood has a right to perform abortions. The strongest argument against them is that non-profits are supposed to get approval and they didn't get it. But as I understood the zoning board, they said that any challenge to that issue needed to be brought earlier than it was (even though no one knew about the deception). I am a lawyer, but I'm not an expert on this situation. I hope that the judge will allow the case to go forward and allow discovery. My sense, however, is that a judge will defer to the City's administrative process unless the attorneys can come up with a reason for the judge to really dig in to the case.

    February 15th, 2008 at 11:58 pm
  10. Anon anon says:

    Brian –

    The zoning board of appeals denied hearing the issue because they said that the appeal was not made in a timely manner. Of course, that misses the whole point that PP and its allied corporations had misrepresented the nature of the facility in all the zoning and planning documents that they submitted. It portrayed the development as an office building (a for-profit business) in all the documentation.
    There was no special permit of variance requested and no public notice given.

    An appeal could not have been made earlier, when all the documentation that went into the zoning approval was false. Knowledge of the true nature of the facility did not emerge until after the appeals period — so falsehoods on PP's part, denied Aurora citizens from having due process.

    The appeals board just sidestepped the controversy in their ruling. This issue was going to head to court, even if the appeals board had gotten involved.

    Now depositions, subpeonas and full discovery will take place — which will reveal how PP schemed to evade the zoning laws. It may also reveal co-operation from city hall.

    February 16th, 2008 at 1:30 am
  11. Brian says:

    I hope you're right.

    February 16th, 2008 at 9:21 am
  12. Student says:

    Steve,

    It's my belief the court will side the with City. Again, time will tell.

    February 16th, 2008 at 9:37 am
  13. Halo says:

    I agree with you entirely Student. A complete waste of taxpayers money for something that the judge won't even bother to look at. I'm glad that there is a lawyer in here to give a professional opinion. Helps shed light on the gross waste of money that Aurora residents will have to pick up the tab on.

    February 19th, 2008 at 7:21 pm
  14. Steve says:

    As a taxpayer in Aurora I am happy to put my dollars toward full discovery of the facts in this case. Any elected official that continues to keep the facts from being known will lose their job come election time. This case has stirred the pot and real Americans are becoming politicized and pushed into action. You libs have opened a Pandora's box here in Aurora and I want to thank you for that.

    February 19th, 2008 at 8:27 pm
  15. Me says:

    Halo,
    Trust me. With King Weisner around, we taxpayers are used to spending big bucks in Aurora. This is one we are glad to pay for though!

    February 19th, 2008 at 10:33 pm
  16. Paul2 says:

    Student,
    Why would you refuse the citizens of Aurora, especially the ones who "already" lived around that abortuary, from disclosure and due process? Can't you appreciate that PP owes them that before moving into a community?

    February 19th, 2008 at 11:43 pm
  17. Halo says:

    //Trust me. With King Weisner around, we taxpayers are used to spending big bucks in Aurora. This is one we are glad to pay for though!//

    //As a taxpayer in Aurora I am happy to put my dollars toward full discovery//

    Well, I'm glad to see that the rumors are true or Aurora residents. If you guys have so much extra cash to be wasting and throwing around without a second thought and without a garanteed result, then why not send some my way? I need to pay for my college books next semester. While your at it, put in a few more dollars so I can go on a spring break trip.

    February 20th, 2008 at 1:49 pm
  18. Matt Yonke says:

    Halo,

    Explain to me exactly how a lawsuit against the City is "wasting" taxpayer money. The city's legal team is paid for whatever legal work they do. If it wasn't this case it would be another one. It's not as if the city wouldn't be spending money on lawyers if it weren't for this case.

    But that aside, since when is citizens seeking redress for wrongs perpetrated against them a waste of anything? This is precisely what the courts exist for!

    February 20th, 2008 at 3:10 pm
  19. Student says:

    Paul2: "Why would you refuse the citizens of Aurora, especially the ones who "already" lived around that abortuary, from disclosure and due process?"

    I believe that there are many, many more people in the community that have no problem with the CLINIC being there. Look at the census #s for Aurora and look at how many are in your group.

    The problem I have is that you complain that PP didn't provide proper disclosure. There's a reason for they used the Gemini name. If they had used the PP name many of you would have used threats and intimidation to have your way and impede the process. If you want others to "play by the rules," you have to be willing to do so yourself.

    February 21st, 2008 at 1:36 pm
  20. Paul2 says:

    Student,
    Spoken just like that PP exec Steve Trombley. I thought you were into law. You just admitted that PP broke the rules in order to avoid "legal" protest would never hold up in court of law.

    February 22nd, 2008 at 3:02 am
  21. Student says:

    Paul2: No, not to avoid "legal protest." Or maybe in your mind it is, however, your "legal protest" wouldn't be limited to PP and we both know it. I've been dealing this week with the WBC and their "legal protest." It may be legal, but it's vile and disgusting.

    February 22nd, 2008 at 8:19 am
  22. Brian says:

    What's the WBC?

    February 22nd, 2008 at 10:13 am
  23. Student says:

    Brian: "What's the WBC?"

    The Westboro Baptist Church. They have been at NIU's campus, the student funerals and have posted that they will be at the community memorial service at the Convocation Center this Sunday night. They have a "legal right" to protest, however, they are truly vile people (term used very loosely) and a definite waste of oxygen.

    February 22nd, 2008 at 7:42 pm
  24. Brian says:

    Oh, they're the "God hates f*gs" guys who protest at service members' funerals. What they do is vile.

    February 22nd, 2008 at 8:31 pm
  25. Families Against Planned Parenthood » Blog Archive » UPDATE: The continuing battle in the court room. says:

    [...] I posted here on the 14th, the zoning case against PP and the City of Aurora has been filed. We are currently in [...]

    February 25th, 2008 at 4:55 pm
  26. Aurora Zoning Case Update–Planned Parenthood Tries to Expand « Pro-Life Hotline says:

    [...] the most important of these lawsuits is the zoning suit, which alleges that not only is Planned Parenthood's final plan riddled with smaller zoning [...]

    November 4th, 2009 at 4:16 pm
  27. Legal Update « Pro-Life Hotline says:

    [...] key to shutting down Planned Parenthood of Aurora may be Frachey v. Planned Parenthood, the zoning case first filed the very day Planned Parenthood opened its doors, which is now in [...]

    October 18th, 2013 at 11:54 am

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