Planned Parenthood of Orange and San Bernardino Counties claims a Fontana ordinance targeted the organization and was an attempt by city council to close down a new clinic.
The care provider’s Dec. 4 petition for writ of mandamus claims that a Sept. 5 ordinance to shut down the issuance of new permits along Fontana’s main roads targeted only them, and in doing so violates the California Constitution.
The petition claims that residents of Fontana asked the city council to prevent the clinic from opening—including the city council’s chaplain during an official invocation and public comment. The decision was made at a special city council meeting, that Planned Parenthood claims was not properly notified to the public.
“Rather than simply denying (Planned Parenthood’s) necessary permits to operate or banning abortion providers in the area, a plainly unconstitutional act, the City sought to effectuate a prohibition on a new abortion clinic by adopting an ordinance placing a moratorium on any permits for certain ‘service based, non-entertainment uses’ in a specific area that includes the location for (Planned Parenthood’s) property,” their petition says.
The ordinance text said that the Fontana City Council needed to study the impact of zone changes on economic development and sales tax. Without the ordinance, applicants could receive permits that allow for uses contrary to Fontana’s General Plan, the ordinance says.
There was no evidence presented that there were multiple pending licenses that were contrary to the general plan or made downtown parking issues, said Ramona Thomas, Planned Parenthood Orange County and San Bernardino County’s general counsel at the Sept. 5 city council meeting.
The moratorium stopped the issuance of any permit to service based, non-entertainment businesses along Sierra Avenue between the I-10 and Arrow Boulevard, and Foothill Boulevard between Cherry Avenue and Maple Avenue. A section of Sierra Avenue immediately south of Foothill Boulevard was excluded from the ordinance despite being in original drafts.
The city council had removed that area from the moratorium at the suggestion of staff because Councilmember Phillip Cothran has business interests there.
“The reason staff is proposing (removing that area) is, without that exclusion, Councilman Cothran would have to recuse himself, and this is an important issue, and I think staff would like to see full council participation on the vote,” said Fontana Deputy City Manager Phil Burn at a July 25 meeting.
Acute care and walk-in medical services are at the top of the list, followed by trade schools, animal kennels, locksmiths, truck rental businesses and 74 other business types.
Planned Parenthood says they were the only business negatively affected by the moratorium. A Lens Crafters was told they were not affected, according to the petition.
Planned Parenthood entered into the lease for the new clinic at 9699 Sierra Ave. May 31, 2022. The site is two miles south of Foothill Boulevard, and one mile north of the lower limit for the ordinance.
The care provider saw an 18.5% increase in visits to their three San Bernardino County clinics from 2021 to 2023, and employees expect more of an increase from Arizonans who can no longer receive abortions in their state, their petition says.
On June 2, 500 demonstrators protested against the clinic. At the next city council meeting, June 13, Police Chaplain Daniel Vales began his official invocation by saying, “So many lives are taken through abortion and other forms of violence.” He continued to say that mothers should be given wisdom and strength to choose life for their babies, and that fathers should be empowered to stand up for the lives of their unborn babies.
Public speakers at that meeting, and following, protested against the clinic.
Thomas said the decision violated laws on public disclosure.
“Contrary to the legal requirements that must be met for such an ordinance as this to be passed, there has been no evidence presented to the public, and there cannot logically be any evidence presented to the public, that the possible future uses that may conflict with the plan create a current and immediate threat to general welfare,” Thomas said.
The petition also argues that the ordinance violates California’s constitutional right to abortion access.
In all, it brings six causes of action, including that the action unjustly takes control of Planned Parenthood’s leased property and violates their due process rights.
They ask for the moratorium to be immediately halted and repealed.
The city was served with the petition Jan. 5, and their counsel has not yet been announced.
Case No. CIVSB2328945
Read the ordinance here.
Read the petition here.
