Judge bars law aimed at pregnancy centers

A federal judge yesterday blocked a New York City ordinance requiring "pregnancy counseling centers" designed to encourage giving birth to disclose they don't offer abortion referrals.

The City Council argued that the law, which was scheduled to take effect Thursday, would keep pregnancy centers that oppose abortion from misleading women. But Manhattan U.S. District Judge William Pauley said a forced message could violate free speech rights.

City Council Speaker Christine Quinn denounced the ruling and pledged an appeal. "Today's decision means that pregnancy service centers can continue deceiving women who seek their services," Quinn said.

But the American Center on Law and Justice, which sought an injunction on behalf of 13 pregnancy centers in the city, called the ruling a "major victory" for anti-abortion advocates.

"This law, which forces crisis pregnancy centers to adopt and express views about abortion and contraception that they strongly disagree with, is constitutionally flawed," said CeCe Heil, the group's senior counsel, in a statement. "The court clearly understood that this law punishes pro-life advocates."

The pregnancy centers offer a range of services, from testing and ultrasounds to counseling, parenting education, referrals to adoption agencies and medical facilities, and assistance such as diapers and baby formula.

Critics have said they are anti-abortion fronts that trick women into thinking they are full service medical clinics. But Pauley, in his ruling, said the evidence of that was anecdotal and secondhand, and the law applied to all centers -- not just those shown to have engaged in deceptive conduct.

"At the heart of the First Amendment," wrote Pauley, quoting from an earlier free speech case, "lies the principle that each person should decide for himself or herself the ideas and beliefs deserving of expression, consideration and adherence."

Mayor Michael Bloomberg did not have a comment on the decision, but his Law Department said that the ruling would be appealed.