UPDATED: Fort Worth Doctors Sue Mayor Betsy Price, City, and Abortion Providers for Allowing Abortions During COVID-19

UPDATED 4/24/20:

A new group of Fort Worth doctors has filed a federal class action suit against Fort Worth Mayor Betsy Price, the City of Fort Worth, and each of the city’s two abortion clinics.  Dr. Alan Davenport has brought suit on behalf of a class of all medical professionals who are currently using or need personal protective equipment to provide essential and medically necessary health care.  Dr. Robert Anderson and Dr. Mark Daniels, board certified plastic surgeons who practice in Fort Worth, are also plaintiffs in the suit.  The lawsuit has been filed in United States District Court for the Northern District of Texas Fort Worth division.

Similar to the previously reported state suit, this suit seeks an immediate injunction to prevent abortion providers from consuming personal protective equipment.  Different from the state suit, among other things, the federal suit asserts equal protection and due process clause violations.  The plaintiffs also request the court to declare that Texas law continues to define abortion as a felony and that abortion is not a constitutional right.

POSTED 4/21/20:

A group of doctors has sued Fort Worth Mayor Betsy Price, the City of Fort Worth, and each of the city’s two abortion clinics. The lawsuit is demanding a halt to elective abortions in Fort Worth during the COVID-19 pandemic, and it seeks an immediate injunction to prevent abortion providers from consuming personal protective equipment (PPE) that is needed by doctors and nurses on the front lines of COVID-19. The lawsuit has been filed in a Tarrant County state district court.

The doctors include Dr. John Kelley, Dr. David Kostohryz, Dr. Bill Runyon, and Dr. Greg Scheideman. The lawsuit alleges that Mayor Price and the City of Fort Worth are violating Texas law by suspending elective surgeries and procedures during the COVID-19 pandemic while allowing elective abortions to continue. On April 7, 2020, Mayor Price issued a stay-at-home order that prohibits all elective medical, surgical, and dental procedures within city limits. The city’s officials, however, have not clarified whether this stay-at-home order prohibits elective abortions, and abortion clinics in Fort Worth are continuing to perform abortions despite this city-wide ban on elective procedures. The lawsuit asks the Court to enjoin the city from enforcing its stay-at-home order until it is amended or clarified to prohibit abortion “on the same terms that it prohibits other elective surgeries and procedures.”

The lawsuit accuses the city’s abortion providers of “selfishly consuming personal protective equipment on elective and unlawful abortions, at a time when every piece of PPE must be conserved, to the maximum possible extent, for workers on the front lines of the COVID-19 pandemic and others who are provide life-saving or essential medical treatments.” It is demanding an injunction that will stop elective abortions in Fort Worth for as long as other elective surgeries and procedures are suspended. 

This story will be updated as more information becomes available.

Visit Fort Worth Uses Taxpayer Funds To Lobby For Religious Discrimination

Visit Fort Worth, also known as The Fort Worth Convention and Visitors Bureau, receives more than $9 million in Fort Worth taxpayer money each year to promote Fort Worth, but last spring the group joined forces with transgender activist groups to lobby against Texas laws that would protect religious liberty.  (A full list of laws the Fort Worth CVB against lobbied against is at the end of this article.)

The CEO of the Fort Worth CVB, Bob Jameson, spoke at an Austin press conference on March 27, 2019, “At Visit Fort Worth, we’re in the tourism business, and at the heart of all tourism is a warm welcome.”  By this he means boys should be allowed in girls’ intimate spaces, boys should be allowed to compete in girls’ athletics, and children should be allowed to have surgery to change their sex.  And Mr. Jameson thinks you’re a bigot if you disagree.  That doesn’t seem like a warm welcome.

He continued at the press conference:

“In Fort Worth we are proud to have the oldest nondiscrimination ordinance in the state including sexual orientation from discrimination put in place in 2000.  As we continued to learn about discrimination and its negative consequences we added gender identity and expression in 2009.  These protections have not only worked for us in Fort Worth, but they’ve contributed to our community spirit, shared values, and to our economic growth.”

Mr. Jameson is a gentle man with a compelling personal story, but he is dangerously misled on matters of religious freedom and the transgender revolution.  And he is either ignorant or intentionally misrepresenting the truth when he says “gender identity and expression” have contributed to Fort Worth’s “shared values” and “economic growth.”

In 2016 when Fort Worth ISD Superintendent Kent Scribner exploited the “gender identity and expression” clause in the school district’s nondiscrimination code to impose his illegal transgender guidelines, it hurt our community spirit.  And the shared values revealed were those from Dunbar to Northside and Paschal to South Hills where a multi-racial coalition of parents and taxpayers stood opposite to Mr. Jameson’s position.

Mr. Jameson said religious freedom bills in the Texas legislature “would have negative economic impacts that will be long lasting.”  And he summarized, “Our job is to speak up before the damage happens.”  This empty fear-mongering and pessimistic paranoia is the opposite of the Fort Worth spirit.

As one legislator said in response to Mr. Jameson’s rhetoric, “This false rhetoric is irresponsible when the Texas economy is at stake. It is not new for groups to oppose legislation in efforts to justify their lobby retainers or increase fundraising, but this opposition is anti-business and flat-out dishonest.”

Of all the people in Fort Worth, Mr. Jameson should know that some of the largest and most economically beneficial conventions in the City are conventions of religious people who would be deeply offended to learn of these facts – conventions like the Southwest Believers Conference and Texas Homeschool Conference.

We hope Visit Fort Worth and its CEO will reconsider its hostility towards people of faith and stop lobbying the Texas legislature with taxpayer funds to discriminate against religious groups.

Visit Fort Worth 2019 Legislative Agenda Opposed These Bills:

  • House Bill 1035 by Bill Zedler, R-Arlington, is a broad piece of legislation that would prohibit the state or any other governmental agency from penalizing religious organizations, businesses, or individuals for actions related to their “sincerely held religious belief or moral conviction.” It would apply to occupational licenses and other means of accreditation, marriage-related goods, marriage performances and licensing marriage counseling, sex reassignment surgeries and counseling and the treatment of public school students and staff.
  • House Bill 3172 by Matt Krause, R-Fort Worth, and its companion Senate Bill 1978 by Bryan Hughes, R-Mineola. The bills would prohibit the state or any other governmental agency from taking any adverse action against someone for actions taken due to their “beliefs or convictions regarding marriage.”
  • House Bill 4357 by Scott Sanford, R-McKinney, would protect counselors, doctors, nurses and social workers from “disciplinary action or civil liability for providing services or counseling based on the provider’s sincerely held religious beliefs.”
  • House Bill 4041 by Steve Toth, R-The Woodlands, would prohibit the enforcement of federal rules or laws that don’t exist under state law and aim to regulate firearms, establish a religion or prohibit the free exercise of a religion or abridge the freedom of speech, the press, right of assembly or right to petition the government for a grievance. 
  • House Bill 4512 by Briscoe Cain, R-Deer Park, would expand state law to prohibit any civil or criminal penalties against any person who refuses to perform a marriage ceremony because of their beliefs.
  • House Bill 4497 by Cole Hefner, R-Mt. Pleasant, would protect anyone who provides “marriage-related goods and services,” including photographers, disc jockeys, florists, bakers and others, who rejects potential customers based on their “sincerely held religious belief or moral conviction” that marriage is defined as a union between one man and one woman.
  • Senate Bill 15 by Creighton. See description above. 
  • Senate Bill 17 by Perry and its companion House Bill 2827 by Phil King, R-Weatherford. See description above.
  • Senate Bill 85 by Bob Hall, R-Edgewood, would protect those who are licensed by the state to provide “psychological services” to cite their faith in order to turn away potential clients.
  • Senate Bill 880 by Hughes, would create new rules for public colleges and universities that would prohibit them from restricting free speech in specific areas of campus, and require them to allow student organizations to make membership decisions based on their beliefs or codes of conduct.
  • Senate Bill 1009 by Brian Birdwell, R-Granbury, would give legal cover to judges to decline to perform a marriage ceremony based on their “sincerely held religious belief.”
  • Senate Bill 1107 by Lois Kolkhorst, R-Brenham, and its companion House Bill 2892 by Tom Oliverson, R-Cypress, would give legal cover to doctors and other medical professionals who refuse to provide care to someone based on a belief in God, “religious faith or spiritual practice,” or ethical view.
  • Senate Bill 2013 by Pat Fallon, R-Frisco, would ax any municipal or county regulation that conflicts with state law or is more restrictive than state law.
  • Senate Bill 2325 by Creighton would allow student organizations to refuse to accept certain people and would set out new free-speech rules for public colleges and universities.