Planned Parenthood of Minnesota, Inc. v. Citizens for Community Action

Court of Appeals for the Eighth Circuit
558 F.2d 861, 23 Fed. R. Serv. 2d 813 (1977)

ELI5:

Rule of Law:

A municipality cannot use its zoning powers to impose a moratorium or special restrictive requirements on first-trimester abortion facilities, as such an action is a disguised and unconstitutional attempt to regulate a medical procedure and unduly burdens a woman's right to abortion established in Roe v. Wade.

Facts:

Planned Parenthood of Minnesota, Inc. (Planned Parenthood) had operated a family planning clinic in St. Paul since 1932.
In January 1976, Planned Parenthood decided to expand its services to include first-trimester abortions.
In March 1976, Planned Parenthood finalized plans to purchase a building at 1965 Ford Parkway, a location zoned B-3, which permits the operation of medical offices and clinics.
The plan to open an abortion clinic at the new location was met with significant public opposition from area residents.
In response to public protests, the St. Paul City Council passed an ordinance on June 8, 1976, imposing a six-month moratorium on the construction of 'separate abortion facilities' to study potential zoning restrictions.
After the ordinance passed, Planned Parenthood's request for a building permit for its Ford Parkway facility was denied by the City Architect, who cited the moratorium as the reason for the denial.

Procedural Posture:

Planned Parenthood sued the City of St. Paul and various city officials in the U.S. District Court, challenging the ordinance's constitutionality and seeking an injunction and damages.
Citizens for Community Action and two local couples (applicants) filed a motion to intervene in the lawsuit to defend the ordinance.
The District Court granted Planned Parenthood's motion for a preliminary injunction, temporarily blocking enforcement of the ordinance.
The District Court denied the applicants' motion to intervene.
The City of St. Paul (defendants) and the applicants for intervention appealed the District Court's rulings to the U.S. Court of Appeals for the Eighth Circuit.

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Issue:

Does a city ordinance that imposes a six-month moratorium specifically on the construction of 'separate abortion facilities' likely violate the constitutional right of women to obtain a first-trimester abortion?

Opinions:

Majority - Chief Judge Gibson

Yes, a city ordinance that imposes a six-month moratorium specifically on the construction of 'separate abortion facilities' likely violates the constitutional right of women to obtain a first-trimester abortion. Citing Roe v. Wade, the court reasoned that a state's power to regulate the abortion procedure for the protection of maternal health does not begin until the second trimester. The St. Paul ordinance, by singling out and preventing the construction of a first-trimester abortion clinic, unconstitutionally interferes with a woman's right to obtain an abortion and Planned Parenthood's ability to provide one. The court found that the city's reliance on its zoning authority was a pretext, stating that a municipality cannot do indirectly through zoning what it is prohibited from doing directly through medical regulation. The ordinance was viewed as a 'disguised attempt to regulate medical practices' and was likely discriminatory and enacted in bad faith, which would make it an impermissible exercise of state power.

Analysis:

This decision reinforces and extends the principles of Roe v. Wade to local zoning ordinances, making clear that municipal land-use powers are not exempt from constitutional limitations on regulating abortion. It establishes that courts will apply heightened scrutiny to zoning laws that specifically target or place unique burdens on abortion providers. The ruling signals that courts will look beyond the stated purpose of such an ordinance to its practical effect and discriminatory intent, preventing localities from using zoning as a pretext to restrict access to first-trimester abortions.

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