Rockford zoning board rejects challenge to abortion clinic, clears path for clinic to open

Members of the Rockford Zoning Board of Appeals on Tuesday rejected an effort to prevent a planned Auburn Street abortion clinic from opening in Rockford after a quasi-judicial proceeding that resembled a court hearing.

The clinic could open within a matter of days or weeks. Operators were waiting until after the city heard the objection to open.

Neighbors who said they fear the abortion clinic will attract protests that could disturb the neighborhood and damage property values joined forces with The Thomas More Society and the Rockford Family Initiative, both of which are anti-abortion organizations. They filed a complaint with the Rockford Zoning Board of Appeals opposing a zoning official's determination that would allow the clinic to open at 611 Auburn St. inside a residential neighborhood.

More:Rockford abortion clinic to open in coming weeks after meeting city's zoning requirements

Members of the committee found that the residents who participated in the complaint who live a few blocks from the planned clinic but not adjacent to it and the anti-abortion organizations had no legal standing to challenge the city's zoning determination.

ZBA members also voted to uphold the city's determination that the clinic can operate under a more than 40-year-old special use permit that allowed a home medical office there.

Both votes were unanimous.

Thomas More Society Vice President and Senior Counsel Peter Breen argued that the opening of the clinic would violate city zoning ordinances and harm the community.

"Abortion clinics are known for bringing disturbances, loud protests and counter-protests, as well as decreases in nearby property values and significant traffic impacts,” Breen said. “Opening such a facility in a residential area not zoned for commercial use would significantly impede residents’ ability to live quiet, peaceful lives."

But Ann Dempsey, a lawyer for the abortion clinic, said it was the Rockford Family Initiative itself, a party to the complaint, that planned, organized and invited participants to the protests. Dempsey said it was the organization that was creating the conditions it was then complaining about.

Planning and Zoning Manager Scott Capovilla said although a special use permit could not be located and is believed to have been lost to history, records show a home medical office had been permitted as a legal non-conforming use for more than half a century at the location. It was subject to annual inspections and allowed to continue operations. Capovilla said he also found evidence of another doctor's office operating there for at least two decades prior to it becoming a chiropractor's office for the next 40 years starting in 1982.

Capovilla said although some activists object to abortions, such clinics are legal in Illinois and zoning laws do not distinguish between medical offices no matter if they are chiropractor's office, heart doctor or abortion provider.

Madison, Wisconsin-area obstetrician, gynecologist and abortion provider Dr. Dennis Christensen decided to leave semi-retirement when the U.S. Supreme Court overturned the landmark Roe V. Wade case that for decades had made access to abortion a civil right. Laws in Wisconsin all but banned abortion in the state.

Christensen plans to open a pill-based abortion clinic at 611 Auburn St. in the former home medical office of an acupuncturist. He is also working with a group of abortion rights activists who want to open a women's health clinic that provides surgical abortions at 4236 Maray Drive.

Provisions of the 40-year-old permit require the clinic operator to live on the premises and to operate it as a home business and allows one non-family member to work there as an employee. Office manager Meg Larkin lives at the location and would operate the business with the help of a registered nurse.

Christensen has obtained a temporary Illinois medical license which should allow the clinic to open soon.

The hearing attracted a large crowd of anti-abortion activists and several abortion rights activists who filled the hallway prior to the hearing. When the doors were opened, there was some pushing and shoving as the groups jostled to enter City Council Chambers where there was limited seating. The proceedings went on without any other disturbances.

After a decision was reached, Kevin Rilott, president of the Rockford Family Initiative, let members of the ZBA know how he felt about it.

"Merry Christmas," Rilott called to the ZBA members. "Every abortion is the murder of a child."

Jeff Kolkey can be reached at  (815) 987-1374, via email at jkolkey@rrstar.com and on Twitter @jeffkolkey.

This article originally appeared on Rockford Register Star: Zoning board decision allows Rockford abortion clinic to proceed with opening