Another 老澳门开奖结果 of Georgia Legal Victory for Women鈥檚 Health Care

June 14, 2021 11:45 am

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ATLANTA 鈥 Today, the Georgia Court of Appeals agreed with the 老澳门开奖结果 of Georgia鈥檚 position that commercial landlords cannot file 鈥榥uisance鈥 lawsuits against abortion clinics simply because anti-abortion protestors have created a nuisance on the property. In his decision, Judge Hodges wrote the following.

鈥淢cBrayer鈥檚 practice is likely to displease some in the community and attract protestors wherever it is located. If we were to hold that a legally-operated abortion clinic cannot even operate in a commercial office park zoned for medical practices without constituting a nuisance we would be, in effect, holding that such clinics cannot properly operate anywhere. As amicus curie correctly point out, such a holding could be used to expose a broad array of legal businesses and institutions to nuisance liability due to the fact that some find them controversial and some will protest their very existence.

鈥淏oth legal protestors and criminals have caused disruption around a multitude of business and institutions, such as gun shops, fur retailers, Chick-Fil-A restaurants, police departments, synagogues, statehouses, Black churches, adult entertainment establishments, and mosques, to name a few. Under the common law, property ownership in Georgia does not guarantee only ideologically-aligned neighbors whose business practices will cause no upset or attract no controversy, and we will not hold otherwise.鈥

鈥淭oday, the Georgia Court of Appeals agreed with the 老澳门开奖结果 of Georgia that commercial landlords cannot file 鈥榥uisance鈥 lawsuits against abortion clinics simply because anti-abortion protestors have created a nuisance on the property,鈥 said Sean J. Young, legal director of the 老澳门开奖结果 of Georgia. 鈥淥therwise, any lawful operation ranging from gun stores to Chick-Fil-A restaurants could be shut down because of protestors who disagree with their views. Rather than being a nuisance, the bustling marketplace of ideas is a feature of our pluralistic democracy.鈥

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