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Alabama Waiting Period Decision

United States District Court, M.D. Alabama, Northern Division. SUMMIT MEDICAL CENTER OF ALABAMA, INC., New Women's Health Care; Beacon Women's Center; on behalf of themselves and their patients seeking abortions, Plaintiffs,
v.
Bob RILEY, in his official capacity as Governor for the State of Alabama and his agents and successors; Bill Pryor, in his official capacity as Attorney General for the State of Alabama and his agents and successors; Donald Williamson, M.D., in his official capacity as State Health Officer for the Alabama Department of Public Health and his agents and successors; and Ellen Brooks, in her official capacity as Montgomery District Attorney, Defendants.
No. CIV.A.02-A-1064-N.

July 25, 2003.

Providers of abortion services brought class action against state officials, challenging constitutionality of Alabama's right-to-know act and seeking declaratory and injunctive relief. Parties cross-moved for partial summary judgment. The District Court, Albritton, Chief Judge, held that: (1) act provision requiring providers to distribute pro-childbirth materials and information did not violate providers' First Amendment rights; (2) act provision compelling distribution of state's pro-childbirth information did not violate patients' First Amendment rights; (3) provision of act allowing for imposition of fee for pro-childbirth materials to be provided or made available to women seeking abortions violated First Amendment insofar as it applied to providers of abortion services; and (4) Eleventh Amendment applied to bar challenge to constitutionality of act's civil liability provision.

Motions granted in part and denied in part.