Bristol Abortion Clinic Lease Lawsuit: Decision Still Pending

Bristol, Va. — At the heart of Bristol, where a humdrum one-story brick building sits on Osborne Street, the legal and emotional sparks are flying high. Unlike its lavish neighbor, the soon-to-open Hard Rock Casino, this building houses Bristol Women’s Health. It offers services that have drawn people from across the Southeast, especially in light of restrictive abortion laws in surrounding states since the 2022 U.S. Supreme Court decision overturning Roe v. Wade.

As other southern states have quickly banned or heavily restricted abortions, Virginia stands as an outlier, creating a haven for those seeking these services. “The patient demographic has changed,” shared the clinic’s administrative director, Karolina Ogorek. “Clinics here now serve not only local patients but also those traveling from states with stringent abortion laws, like Mississippi, Florida, and West Virginia.”

Every day, the clinic is prepared for high activity and confrontations. Patients often travel long distances and take time off work, only to be met with persistent protestors.

“Protestors confront them almost daily,” says Ogorek, as she describes the hostile environment patients face when they arrive. Volunteers with umbrellas accompany patients to shield them from yelling demonstrators.

Among the protestors is Sammi Cooper, who explains her motives: “To plead with mothers to show mercy, compassion, and love for their child, offering the gospel and financial help if needed.” Cooper and other activists use megaphones, hoping their messages reach the patients. While Ogorek noted there hasn’t been any physical violence, she emphasized, “Just because it’s not violent doesn’t mean it isn’t hostile and verbally abusive.”

On a typical Wednesday, protestors like Debra Mehaffey and the young Micah Mehl utilize bullhorns, urging patients to not go through with their abortions. “Love and protect your child and don’t come out a murderer today,” Mehaffey shouted, directing her comments to people approaching or leaving the clinic.

Barbara Schwartz, a volunteer escort, works to create a “bubble of serenity” for patients. She has been dedicated to this cause since moving to Bristol four years ago. Schwartz reassures partners and drivers of patients, sometimes directing them to local spots to relax while they wait.

The Legal Battle

The clinic began operations right around the time of the Dobbs ruling, effectively replacing a closed one on the Tennessee side of Bristol. The clinic’s lease, signed with options for renewal up to eight years, is now under dispute. The building owners, Chase and Chadwick King, are suing, claiming they were not explicitly informed the space would be used for performing abortions. Their argument centers around alleged “fraudulent inducement and misrepresentation.” However, clinic attorney Alexis Tahinci argues there have been no violations.

In a certified letter sent on April 30, the landlords gave Bristol Women’s Health a 30-day lease termination notice. Seeking an emergency injunction to prevent eviction, the clinic currently awaits a ruling from Judge Sage Johnson, who has allowed them to stay until a decision is made.

Ogorek firmly believes in their position. “We were never asked if we would provide abortion services,” she stated. “If asked, we would have said yes. We have always been open about our services.”

The Kings’ latest arguments revolve around Catherine Mullins, the commercial broker for the clinic, who allegedly wasn’t properly licensed. The clinic has maintained they had no obligation to disclose the specific nature of their services, with precedent favoring their stance.

Business and Protests Continue

Inside the clinic, staff like Schwartz continue their work amidst the turmoil outside. She recalls her own experience getting an abortion in 1976, praising the then-availability of options and the peace of mind it provided her. “Volunteering now is my way of giving back and helping maintain this right,” Schwartz shared.

While the protestors stand firm in their beliefs, even they had reservations about the Kings’ claim of ignorance. Mehl, who is hopeful for a resolution favorable to the owners, admitted, “I don’t see how the owners didn’t know about the clinic’s purpose.” Cooper shared similar doubts, even recalling prior warnings given to the Kings about the lease before the lawsuit was filed.

Uncertain Future

The clinic’s future is tenuous. Ogorek admits that if the eviction proceeds, finding another location will be tough and may force them to shut down. “Real estate here isn’t abundant, and the financial burden would be tremendous,” she said. “We don’t have a Plan B.”

Despite the uncertainty, Ogorek remains determined. “We will fight as hard as possible to stay open,” she affirmed. “We fulfill a crucial need, and support from the community could make all the difference.” For now, Bristol Women’s Health continues to operate, drawing on their lease rights and waiting for the court’s final word.

Judge Johnson provided no timeline for his decision on the motion for a temporary injunction or the overall case. Until then, the legal and human dramas unfold daily at 2024 Osborne Street.