Bristol Abortion Clinic Lease Lawsuit Still Unresolved

Bristol, Va. – Walking down Osborne Street, you might miss the humble brick building nestled among a busy cluster of businesses. But this one-story clinic has found itself at the center of a heated legal dispute and daily confrontations as protesters and patients from across the Southeast converge for one of the country’s most controversial medical services: abortions.

Since the U.S. Supreme Court overturned the national right to abortion with its landmark “Dobbs” decision in June 2022, the landscape for abortion providers and seekers has drastically shifted. It’s in this climate that Bristol Women’s Health, opened months prior to the ruling, finds itself contending with not just regular protests, but a legal battle that could see it evicted from its current premises.

The Clinic’s Struggles

Clinic Administrative Director Karolina Ogorek speaks to the challenges they face: “The patient demographic has changed,” she shares. “Clinics are no longer just serving the patients of their state. They’re having to serve and accommodate patients from different states that are coming from a banned state that has a complete ban or a six-week ban or has other restrictions like waiting periods.”

Ogorek mentions that some patients travel from as far as Mississippi, Florida, and West Virginia, taking days off work and incurring significant travel costs. Many arrive at the clinic only to be met with protestors wielding megaphones and signs, creating what Ogorek describes as a “hostile” environment. Escort volunteers try to shield patients with umbrellas, offering a modest buffer against the vocal activists.

The Lease Dispute

The legal battle began in December 2022 when the landlords, Chase and Chadwick King, slapped the clinic with a lawsuit. They claim the lease, which had been signed with renewal options extending up to eight years, was entered into on fraudulent grounds, alleging they weren’t told the building would be used to perform abortions.

According to the clinic’s attorney, Alexis Tahinci, there were no contract violations on the part of Bristol Women’s Health. Tahinci has sought an emergency injunction to prevent the eviction of the clinic, arguing that “Bristol Women’s Health adamantly rejects that any fraud was committed.”

Despite this, the Kings sent a certified letter on April 30, 2023, attempting to terminate the lease. Judge Sage Johnson, who is overseeing the case, has yet to rule on the request for a temporary injunction. For now, he has ordered that the clinic remains operational until a decision is made.

Day-to-Day Tensions

Outside the clinic, protestors like Sammi Cooper and Debra Mehaffey use bullhorns to deliver their messages, urging women to reconsider their decisions. They describe their aim as one of compassion: “To plead with mothers to show mercy, compassion, and love on their child,” says Cooper. Yet, Ogorek highlights the stress and abuse faced by both staff and patients amid what she calls a “hostile” atmosphere.

Barbara Schwartz, a volunteer who walks patients to the clinic entrance, adds perspective from the front lines: “My role is to create a little bubble of serenity for the patients. I try to offer comfort and guidance, suggesting places where their companions can wait comfortably.”

On the other side, activist Micah Mehl breaks down why he and others engage in these protests: “Please have mercy on your child and turn away from this place,” he implores. Mehl fervently believes that anyone who undergoes an abortion is guilty of taking a life.

The Courtroom Battle Continues

As the courtroom drama unfolds, Ogorek and her team remain hopeful that they will be allowed to stay and continue providing their services. “We signed into a legal contract, as they did, and now we are being asked to leave our building without ever violating the terms of our lease,” she comments.

The King’s latest legal strategy centers around claims of fraudulent inducement and misrepresentation. They allege that Catherine Mullins, who brokered the lease for the clinic, was not a licensed commercial broker, thus adding another layer to the legal quagmire. “Kilo Delta (the Kings’ company) learned of additional fraud connected to the consummation of this deal,” one court document reads.

Community Reactions

Within the community, reactions to the ongoing legal dispute vary. Even some protestors appear skeptical of the Kings’ claims. “I don’t see how the owners of the building didn’t know what was going in here,” says Mehl, alluding to the well-documented history of the clinic’s owner, Diane Derzis, as a prominent provider of abortion services.

“We then canvassed the neighborhood with flyers and posted on social media to urge them not to do this wicked thing,” Cooper recalls. Despite their efforts, the lawsuit only came months after the clinic had opened.

What’s Next?

For now, the clinic will continue its work, catering to a growing number of patients as other states tighten their abortion laws. Ogorek remains hopeful. “If we were evicted immediately, we would more than likely cease to exist,” she admits, citing the scarcity of suitable real estate options.

Ogorek emphasizes the importance of their work, stating, “If someone can do that to us, a legal service provider, what stops that from happening to anybody else?”

Judge Johnson’s ruling, when it comes, will not just impact Bristol Women’s Health. It could set a precedent for how lease agreements are viewed and handled in the politically charged climate of abortion services in the United States.

Until then, the humble brick building on Osborne Street remains a focal point of deeply held beliefs, both for those seeking its services and those opposing them.