Posted on 11/06/2022 10:13:09 AM PST by Morgana
Henrietta, New York — the town that refused to allow Planned Parenthood to open a facility within its limits — will be forced to welcome the abortion chain following a court ruling which orders the Town Board to approve Planned Parenthood’s permit.
In June, the Henrietta Town Board denied Planned Parenthood’s application to open an abortion facility after residents responded with furor. “This is an issue that goes beyond Henrietta,” resident Dorothy Hayes said. “Planned Parenthood is the hub for central, western New York – they affect all the neighborhoods they get into.”
Another resident, Barbara Sieber, added, “It’s just the amount of death, but it also concerns me that they are looking at university campuses. They are taking advantage of people who do not understand the consequences of sex.”
At the board meeting, the application was then denied in a 3-2 vote. Planned Parenthood of Central and Western New York President and CEO Michelle Casey argued that residents’ complaints were baseless, and by August, had filed a lawsuit. “We’ve asked the court to hear our case as soon as possible because we can’t see all the patients we would like to see in our smaller Brighton location than we would see in a bigger Henrietta location,” she said.
Now, a judge has ruled that the board decision was “unlawful,” and that the board had to approve the special-use permit.
“We are pleased that the Henrietta Town Board has abided by the law and approved our special use permit,” Casey said in a statement. “Although we are dismayed that this process has delayed our ability to provide essential services, we look forward to opening our new clinic in Henrietta and embracing the opportunity to provide a full range of expert sexual and reproductive health services, including abortion.”
Still, residents continue to be angry about the existence of an abortion business in their town. “I think the fact that Henrietta decided they didn’t want this in a plaza where you have family businesses and industries was very reasonable,” Hayes said in response to the ruling. Board members Lisa Bolzner, Rick Page, and Joseph Bellanca had also argued that the existence of a surgical facility did not fit the character of the shopping plaza in which Planned Parenthood wanted to open. “A surgical medical facility is completely inconsistent with the purpose and character of a retail shopping plaza — a patron does not shop at a surgical medical facility or stop in for a visit in between shopping stops at retail stores (like one might stop at a restaurant for food or at an entertainment venue for a break),” they wrote.
Planned Parenthood plans to open the facility in April.
Just glanced at the piece quickly...was this a state or Federal court?
Refuse.
And there really is nothing in the Constitution to protect localities, because they are nowhere mentioned there.
I'm shocked & stunned that the New York Supreme Court would force a New York town to allow Planned Parenthood to open in their New York town. Shocked & stunned.
/s
...pretty sure State, they should appeal, Henrietta has the money to fight it out. At least an appeal will delay the awful thing.
Some critical information is missing here. Is PP going to be running this death factory as a tenant, or do they own the property? If it’s the former, then the real target of the opposition should be the landlord of the property, not the tenant.
Solutions: Vote for Republicans, libertarians, and conservatives and don't vote for any Democrats/RINOs. If that doesn't work, get more involved in politics with like-minded citizens, trying to persuade more people to vote Republican, libertarian, or conservative. If it's clear your state is going totally blue, then plan to move to a better state, a red state where Democrat/RINO communism/fascism/socialism doesn't rule the day. Easier said than done but it's a decent plan.
Better than a lot bars if you want to find loose women
Stand your ground with actual videos of the slaughter 24/7 in that location. Stand for righteousness; the future belongs to those who will fight. Never surrender and never give up.
Continue to deny it.
Weirdly, New York has a court higher than the state Supreme Court — the Court of Appeals. Take it there.
I went to college in Henrietta.
The court just said that the board empowered by law to grant a “special use permit” cannot exercise discretion in the granting of said permits. By that reasoning, zoning laws are illegal.
If there are no candidates in opposition to the Democrats, organize write-in campaigns.
Well since abortion clinics pretty much don’t have to meet the health regulations of a surgery center I can see where the town’s effort to keep them out on that basis was was bound to fail.
The town needs to tighten its zoning requirements. Upping the required parking as part of a special exception use would be a good idea. Also specifying permitted hours of operation is a legit requirement. The other requirement needed would be to prove traffic to the business would not negatively impact existing neighborhoods. I don’t know if any of this was addressed in their current SEU provisions. But if PP met all the criteria of the zoning rules for SEU the board acting in a quasi-judicial capacity was obligated to approve the permit. That has been long established in case law.
I have worked extensively in the area of land use and local government regulations. For all the complaints about state law being used as a heavy hand over local governments, I have found that the opposite scenario is often the case — where a local property owner is getting screwed by the municipal government, and his only recourse is to sue the town in state court.
Go back to court. Burn the construction down repeatedly. Surround it with prayer. Erect billboards along all routes to the murder shop. Pray. Fight. Vote Republican.
I’m not so sure about that. The court may have ruled that the proposed use simply didn’t meet any of the town’s requirements for a special use permit. I did a quick search on the Henrietta zoning provision related to special use permits, and it seems that the only types of uses that specifically require a special use permit are restaurants, cannabis dispensaries, air-supported dome structures, and anything involving “split zoning” (whatever that may be).
had to be state....maybe even town
Monroe County Court. Justice Victoria Argento.
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