Posted on 09/26/2019 10:43:51 AM PDT by Morgana
Marietta, GA – In an unusual case with national implications, a jury in Cobb County, Georgia, has found now-retired abortionist Daniel McBrayer and his defunct Alpha Gynecology and Consulting liable for causing a nuisance that affected other tenants of a business park that once housed the abortion business.
The Governor’s Ridge Office Park Association and other plaintiffs were awarded almost $1.5 million by a Cobb County jury, including more than $311,000 in attorney fees and expenses, according to Law.com.
The office park association contended that McBrayer was already the subject of frequent protests when he moved into the office in 2009, and understood the disruption his abortion business would have on the neighboring businesses.
Tenants complained to McBrayer about the frequent protests and other disruptions, which violated the association’s covenants and restrictions. McBrayer’s response was only to put up a security camera, which did nothing to halt the nuisance caused by his abortion business.
Governor’s Ridge Office Park Association finally filed suit in 2013, which concluded with the judgement against McBrayer on September 20, 2019.
“This case is important because it gives other office park associations a template to follow when abortion businesses move in and cause disruptions,” said Troy Newman, President of Operation Rescue. “We urge office parks where abortion businesses are located to sue for nuisance they cause.”
In McBrayer’s case, he announced his retirement and shut down his Alpha Gynecology abortion business at that location in 2015. He transferred the property to a family trust, which was also a defendant in the suit.
But instead of actually retiring, McBrayer reopened at another location. His business closed permanently in 2016, when the landlord sued him for failing to disclose that his business was an abortion clinic. McBrayer also conducted abortions for Summit Medical Association in Atlanta, Georgia. It is believed he is now finally retired.
But McBrayer was more than a nuisance. He was dangerous to the women that came to him for abortions. His previous troubles were reported on by Operation Rescue in 2016:
In 1989, McBrayer was involved in the death of abortion patient Catherine Pierce, who went into cardiac arrest while unattended after an abortion done at Atlanta Surgi-Center where McBrayer worked at the time. It was found that she was given an overdose of anesthesia, entered a coma, and died five months later.
In 2002, McBrayer was disciplined by the Georgia Board of Medical Examiners for conducting illegal second-trimester abortions in an unlicensed facility. He was fined $5,000 and placed on probation for two years.
McBrayer was arrested in 2009 during a road rage incident. After a traffic altercation, McBrayer got out of his car, walked up to the woman involved, and slapped her in the face.
A suit was filed against him in 2014 by women whose personal information and records were illegally dumped.
“McBrayer was a menace to those around him. I hope that the business park can collect every time he owes them. It won’t bring back the babies or the woman he killed, but at least this is some justice,” said Newman. “Abortion is a nasty business, as McBrayer’s case shows, and I hope this will lead to similar suits around the country.”
I've said it before and will say it again this is why you don't want an abortion clinic in your neighborhood! So much trouble it brings.
I hate to say it, but this is bad law. What if churches were constantly being protested. Would they be liable for the disruptions caused to adjoining businesses? Nobody forces anyone to protest anything, and they have the right to do so. But it is not the fault of those they protest,either.
It’s because he failed to disclose that there would be protests when he knew there would be some.
Wayne and he also failed to tell one landlord he was doing abortions at all.
The reason these damned places exist at all, is because self-styled "Christians" tolerate them.
Off to Bristol TN with 40 Days for Life!
Look 'em up, seriously! There's an an abortionist near you, and he should be hearing from the local civic-minded, praying populace.
My brother has a somewhat similar situation with a bldg he owns in a business park.
A mosque leased a space in one of the buildings. The space has a certain number of parking spaces allocated.
Now there is a CUP (use permit) issue that I don’t completely know about....and why such an impediment did not foil the abortion clinic is likely a difference in practices between the two states involved.
The mosque has services a few times during business hours, and during those times, it’s not uncommon for the number of cars wanting to park at the biz park to be triple or more the allocated number of spaces. And the mosque is aggressively trying to grow, so this issue is undoubtedly headed to worse rather than better, if unaddressed.
If the services occurred in the evenings, it would probably not be a problem. But they don’t, they are during the day (some days)
So the other bldg tenants are finding the parking lot filled to capacity at some points during the business week. And of course they are objecting, and rightly so, because their businesses are impaired by the loss of available parking.
Of course, there are all the standard implied religious persecution issues for the mgmt pushback.
Written for anecdote purposes only.
Should business owners scour the internet to see if there will be protests on their property? That sounds a little odd.
“I hate to say it, but this is bad law.”
totally bad law ... how would folks here like it if every conservative business had to pay 1.5 million dollar fines every time some lunatic fringe group picketed their business?
It’s not uncommon where I live to see taxicabs double parked all up and down the streets around the mosque when they are having services.
As I wrote, he already knew there would be protests at his particular clinic.
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