Judge says Pro-Life group's suit can continue

Pro-Life Action League will be allowed to pursue parts of its defamation case against Planned Parenthood and the director of its Aurora clinic, a Kane County judge ruled Thursday.

There were two counts in the initial suit, filed in 2007, claiming Planned Parenthood and clinic director Stephen Trombley libeled the anti-abortion group in letters to Aurora officials and in a newspaper advertisement by saying members of the PLAL had a history of violence. Judge Judith Brawka had dismissed those in September, ruling the comments were protected under the Citizens Participation Act because they were trying to influence elected officials. The CPA is intended to protect speech made by private citizens during consideration of government issues.

But counts concerning other letters to newspapers and another advertisement, which were published in the Daily Herald, were allowed at that time. Thursday, Brawka stood by her September ruling, refusing to reconsider.

Planned Parenthood's attorneys argued Thursday that Trombley was trying to influence officials' actions with those letters and ads too, because the clinic had not yet been given an occupancy permit.

Attorneys for the PLAL argued the advertisement was commercial in nature, not civic, in that it urged people to use the medical services provided by the clinic, and that the letter contained language saying people could call it for more information about medical services. It also said that statements suggesting the protesters had a history of violence could not influence government officials at that time, as the question of violence at the clinic would have been dealt with earlier in the permitting process.

Brawka also, however, refused to reconsider her earlier decision to not allow Joseph Scheidler to join the suit. Scheidler is the founder and national director of PLAL and father of plaintiff Eric Scheidler, who also works for the league.

Planned Parenthood opened a medical clinic, including abortion services, in Aurora in 2007. During the application process, it used a subsidiary's name on its paperwork, Gemini Development Corp., hoping to avoid harassment of itself, construction workers, and others by anti-abortion protesters.

Brawka Thursday also stayed further action on Planned Parenthood's request for reimbursement of $317,000 in legal fees from PLAL, due to the likelihood PLAL is going to appeal some of the rulings it has lost in the case.