Bristol Abortion Clinic Lease Lawsuit Still Hanging in the Balance

Bristol Abortion Clinic Lease Lawsuit Still Hanging in the Balance

Bristol, Va. — The little brick building on Osborne Street might not stand out much, especially compared to the flashy Hard Rock Casino and hotel set to open nearby. But for many people, it’s a crucial destination. This one-story building houses Bristol Women’s Health, a clinic known for providing abortions.

Thanks to a significant change in national law, states around Virginia, like Tennessee, Mississippi, and Florida, have tightened their abortion restrictions following the U.S. Supreme Court’s 2022 “Dobbs” decision. This ruling overturned Roe v. Wade and revoked the national right to abortion.

Clinic Administrative Director Karolina Ogorek mentioned the clinic’s evolving role post-Dobbs. “The patient demographic has changed,” she said. “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.”

The shift means patients from states with restrictive laws often journey long distances, taking days off work and paying for travel to reach the Bristol clinic. Protestors greet these patients almost daily, adding to the clinic experience.

Ogorek highlighted the hostile but non-violent protests. “Just because it’s not violent doesn’t mean that it’s not hostile and very verbally abusive to not just staff, but to patients as well,” she noted.

Outside the clinic, protestors use megaphones to voice their objections. Anti-abortion activist Sammi Cooper stood outside Wednesday, explaining her motives. She said, “To plead with mothers to show mercy, compassion and love on their child, to give them the gospel and let them know that we’re here to help them.” She also offered financial help if needed.

Clinic escorts like Barbara Schwartz play a vital role in mitigating the stress patients feel. Schwartz walked patients to the clinic entrance, shielding them with an umbrella. “My role is to create a little bubble of serenity for the patients,” she said.

The legal battle surrounding the clinic is even more complex. Shortly after it opened around the time of the Dobbs ruling, the clinic’s landlords—Chase and Chadwick King—filed a lawsuit in December 2022. They claimed they weren’t aware the clinic would perform abortions when they signed the lease. The lease, which allows renewal up to eight years, did not explicitly indicate the nature of the clinic’s services.

Chase and Chadwick King, represented by Virginia Del. Terry Kilgore and former delegate William Wampler III, argued that the lease was signed under fraudulent pretenses. On April 30, they sent a 30-day termination notice to the clinic. Ogorek and the clinic’s attorney, Alexis Tahinci, fought back, seeking an emergency injunction to prevent immediate eviction.

The court case has been ongoing, and Judge Sage Johnson has yet to make a final ruling. He did, however, order that the clinic remain operational until a decision is reached. Johnson’s ruling on the request for a temporary injunction is also pending.

Tahinci argued in a memo supporting the injunction that “Bristol Women’s Health adamantly rejects that any fraud was committed.”

Ogorek remains hopeful. “We were never asked if we were going to provide abortion services,” she said. “If I was asked that question, I would have said yes.”

Even some protestors had mixed feelings about the landlord’s lawsuit. Mehl, an anti-abortion advocate, expressed disbelief that the building owners were unaware of the clinic’s purpose. “I don’t see how the owners of the building didn’t know what was going in here,” he said.

Ogorek confessed that finding an alternate location isn’t straightforward. “We would more than likely cease to exist, especially if we were evicted immediately.” She added that the clinic doesn’t have a plan B, C, or D, as finding a suitable location and the financial burden were unforeseen challenges.

She also highlighted the broader implication of their potential eviction. “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,” said Ogorek. “If someone can do that to us… what stops that from happening to anybody else?”

The clinic continues to make regular rent payments, though the landlords may hold these in escrow as they aim for an eviction. For now, Bristol Women’s Health remains operational amid the ongoing legal battles and daily protests. Both supporters and critics await the court’s final decision, which remains uncertain as Judge Johnson has not given a timeline for his ruling.

In the meantime, the clinic focuses on its mission, serving patients while navigating the contentious debates and legal challenges surrounding abortion access in the region.