The city of Beverly Hills has agreed to train its employees on abortion clinic protections after local officials interfered with the opening of an abortion clinic in 鈥渂latant鈥 violation of state law, according to a proposed settlement to be unveiled Thursday by California Attorney General Rob Bonta.
Bonta鈥檚 office said the city鈥檚 then-mayor, city attorney, and city manager pressured DuPont Clinic鈥檚 landlord last spring to cancel the lease and that city officials also delayed permits to the clinic. They went so far as to warn the building owner that it could be liable for bomb threats and shootings at the medical office building in the wealthy city鈥檚 business district.
The Washington, D.C.-based reproductive health provider is of clinics nationwide that advertise abortions past 28 weeks of gestation. It had secured a lease and begun preparations to open a second U.S. location in Beverly Hills.
Concerned about potential anti-abortion protests and negative media coverage, city officials 鈥渆ngaged in a pressure campaign under the guise of public safety,鈥 according to Bonta鈥檚 complaint. The actions 鈥渂latantly violated鈥 state law, Bonta said in the complaint. It鈥檚 the state鈥檚 first action under the voter-passed initiative known as Proposition 1, which enshrined abortion rights in the state constitution.
鈥淚t鈥檚 a stark reminder that there are efforts right here in California to undermine reproductive freedom,鈥 Bonta said in an interview with 麻豆女优 Health News ahead of the announcement. 鈥淭hese are city officials who took an oath to uphold the state constitution and state law, and they did the opposite.鈥
In signing the agreement, the city did not admit fault or liability. In a statement, Mayor Lester Friedman said the city disagreed with the allegations in the attorney general鈥檚 complaint.
鈥淏everly Hills is already home to medical facilities that offer complete reproductive health services,鈥 Friedman said in a statement. 鈥淭he city reaffirms and pledges that it did not and will not discriminate against any reproductive healthcare provider and strongly supports a woman鈥檚 right to choose.鈥
As part of the agreement which has been approved by the Beverly Hills City Council and must be approved by the Los Angeles County Superior Court, city officials will be required to train employees about state and federal protections for abortion clinics, create a protocol for handling complaints of potential violations, and appoint a 鈥渞eproductive justice compliance officer鈥 to manage the training program and materials.
Beverly Hills council member John Mirisch said in a statement that Bonta had unfairly singled out the city for 鈥減olitical showmanship.鈥
鈥淚 have seen no evidence that the Dupont Clinic鈥檚 failure to open in Beverly Hills was a result of the City鈥檚 actions or was essentially anything other than a tenant/landlord dispute,鈥 said Mirisch, who was in office at the time the clinic was preparing to open there.
In a statement, a DuPont representative lauded Bonta鈥檚 intervention.
鈥淏everly Hills blocked our clinic from opening, knowing it would limit abortion access not just for the people of their city, but for Californians and people living under abortion bans across the country,鈥 said Jennefer Russo, who was the Beverly Hills clinic.
California prohibits abortions past the point of fetal viability, around 24 weeks, except in cases in which the life or health of the woman is at risk. Proposition 1 strengthened reproductive freedom protections in the state constitution.
Approved by an overwhelming majority of statewide voters in 2022, the law says that the state, and by extension local governments, 鈥渟hall not deny or interfere with an individual鈥檚 reproductive freedom in their most intimate decisions, which includes their fundamental right to choose to have an abortion and their fundamental right to choose or refuse contraceptives.鈥
Bonta said the measure, which at the time was widely regarded as a largely symbolic measure in deeply progressive California, provided a strong legal basis for the state鈥檚 case against the city of Beverly Hills and led directly to the settlement agreement.
鈥淭here are protections, both constitutional and statutory, that protect reproductive freedom in California,鈥 Bonta said. 鈥淐ities need to honor and follow those rights and protections and when they're not, we will get involved.鈥
DuPont Clinic had announced plans in October 2022 to expand to the Los Angeles area, according to Bonta鈥檚 office. The following month, flyers opposing the clinic鈥檚 opening appeared in and around the building.
Beverly Hills police officials later drafted a plan to send a letter to other tenants of the building warning them of the potential security risks, something Bonta said they鈥檇 never done with previous properties targeted by protesters.
The city attorney instructed city officials to not issue permits to DuPont until he鈥檇 spoken with the clinic about 鈥渨hether the proposed use is allowed or not.鈥 He later suggested DuPont provide a letter 鈥渃onfirming its intention to comply with California law鈥 as it relates to abortions later in pregnancy.
鈥淭hey acted differently and inserted themselves in delayed permits and launching a pressure campaign based on the fact that reproductive freedom is at stake,鈥 Bonta said. 鈥淭hey targeted DuPont because of the fact that it provided fully legal reproductive health care.鈥
During a City Council meeting in April 2023, City Manager Nancy Hunt-Coffey sent an email to council members alerting them of the controversy over the new clinic, just before several activists spoke in opposition. The clinic could, she warned, 鈥渂e the focus of protests, rallies and unfortunately other more violent actions on occasion.鈥
鈥淗ow did this get through?鈥 council member Sharona Nazarian immediately wrote back.
Hunt-Coffey replied: 鈥淲ell, it鈥檚 a private business renting space in a private building. 听We don鈥檛 have anything in our code that prevents it鈥︹
What followed was a series of attempts by then-mayor Julian Gold, Hunt-Coffey, and the Beverly Hills police chief to stymie the clinic鈥檚 opening, Bonta said. Gold and the police chief met with building owner Douglas Emmett Inc., warning that the clinic could become a 鈥渓ightning rod鈥 for the city and that the landlord would be 鈥渞esponsible鈥 and 鈥渓iable鈥 if anything were to happen. Gold also raised the possibility of bomb threats and active shooters, and the safety of other tenants in the building.
The clinic never opened.
Bonta said his office is prepared to go after local governments that shirk their responsibility to uphold state laws that protect abortion rights. He also suggested he would support amending state law to levy financial penalties on those who violate it.
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