Judge won't allow Planned Parenthood clinic to open now

Aurora's Planned Parenthood cannot open until the city's outside review of its permit process is done, a federal judge said today.

That means the soonest the controversial center could open is near early October - and that's assuming the city's review shows clinic officials were not deceptive in how they got a permit to build in the first place.

U.S. District Judge Charles Norgle said Planned Parenthood failed to make the case it was singled out and treated unfairly because the center would offer abortion services.

Clinic officials were seeking a federal court order allowing the center to open immediately at Oakhurst Drive and New York Street.

But city officials first wanted to complete an independent review of its application process.

Aldermen launched their review after abortion opponents claimed Planned Parenthood deceived the city by hiding its true identity in its permit applications. It applied under the name Gemini Development, a subsidiary.

But the city's review has hit several bumps: the first and second attorneys chosen by officials have both run into potential conflict of interest issues.

In the latest twist, Kane County State's Attorney John Barsanti was asked to review the reports of both attorneys.

Those reports should be in his hands by the end of the week. It'll take another week for Barsanti to review them.

The city then plans to release the results. Aldermen could decide to vote on the issue, though there's no current plan in place to do so.

"We are pleased the court upheld the city's right to conduct a thorough review of the facts surrounding the development process," city spokesman Carie Anne Ergo said in a statement.

The clinic's biggest foe, Chicago's Pro-Life Action League, will hold a celebratory dinner tonight, spokesman Eric Scheidler said.

"It's an unprecedented victory," he said at the courthouse. "For once, the side of life is winning against the side of death."

Meanwhile, clinic officials say they're disappointed. They plan to amend their complaint, providing more specifics as to how and why they were singled out.

Steve Trombley, President and CEO of Planned Parenthood/Chicago Area, said he feels certain the center still will open - it's just a matter of when.

"We are confident we did everything legal in this process," he said.

In court, Planned Parenthood's attorney Chris Wilson said they never tricked or misled the city in its identity.

But they did try to keep things quiet for awhile because they did not want abortion opponents harassing and intimidating their workers, he said.

The clinic is now being illegally singled out simply because it will offer abortion services, he said. The scope of the city's review keeps changing, with delay after delay, he said.

"The process has broken down," he said.

Though this case's circumstances are unique, said Lance Malina on behalf of the city, aldermen have every right to take a step back to ensure the process was properly followed.

Because the clinic wasn't initially up front about its identity, he said, officials are concerned they and others didn't get a chance to debate or discuss the matter.

"The city was deprived of that opportunity for that," Malina said.

Norgle said there's "a dearth" of evidence Planned Parenthood was discriminated against. Clinic officials provided no specifics of other cases or situations for comparison, he said, only referring to medical centers in general.

"That mere assertion is not enough to support an argument of unequal treatment," Norgle said, adding the clinic can re-file its motion, adding more information.

"By no means is this case over," he said.