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Kentucky sues second, ‘filthy’ abortion facility for performing illegal abortions

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LEXINGTON, Kentucky, March 7, 2016 (LifeSiteNews) – Gov. Matt Bevin has filed a lawsuit against another Kentucky abortion facility, with state documents saying the premises were "filthy," used prescriptions that were nearly two decades past their due date, performed abortions without any state license, and had no ambulance agreement to transport women injured during botched abortion procedures.

On February 17, members of the state's Office of the Inspector General visited EMW Women's Clinic in Lexington after receiving a tip about the facility.

The facility, which serves no medical purpose aside from abortion, does not have proper licenses to perform abortions, state inspectors said.

While it has a transfer agreement with a hospital, it does not have a similar understanding with an ambulance service as required by law. “Its only plan is to call 911 in the event of an emergency," the governor's 10-page lawsuit says. "This does not comply with Kentucky law and jeopardizes the safety and lives.”

The inspectors found, if the facility had not sent a woman to hospital recently, it was not for lack of opportunity.

Some of the medication had expired in October 1997, inspectors say. Other bottles had the expiration dates rubbed off completely.

A cut on the table where women would undergo the abortion procedure, inspectors said, could breed bacteria and act as a source of infection.

Observations of the facility's bags, portable oxygen tank, and "cleaning instruments revealed similarly filthy conditions," according to the lawsuit.

On Friday, Governor Matt Bevin tweeted:

“The inspector found the facility in an unsanitary condition. Regrettably, the location had not been inspected since 2006,” said Cabinet for Health and Family Service (CHFS) Secretary Vickie Yates Glisson. "There are laws in place to protect our citizens, and we will ensure the laws are upheld.”

An ACLU spokesman told local media concerns about women's safety was a smokescreen to hide a pro-life agenda. "Safe and legal abortions are already difficult for many Kentucky women to access, with only two clinics in Louisville and Lexington," said Michael Aldridge, the executive director of the ACLU of Kentucky. "Through lawsuits and a string of anti-abortion bills this legislative session Constitutional rights are being eroded under the guise of “women’s safety.”

"Abortion mills whose business it is to take the lives of unborn children should not be allowed to operate with little or no regulatory oversight," said Martin Cothran, spokesman for The Family Foundation, a pro-life organization based in Kentucky. "Despite all the rhetoric about protecting the health of women we now find out that the health of women took a back seat to someone's ideological agenda."

"Women in Kentucky are owed an explanation as to why their interests were sacrificed for political convenience," he said.

The lawsuit, filed by the state's CHFS in Fayette Circuit Court last Wednesday, does not specify a specific dollar amount of damages the Bevin administration is seeking from Eubanks & Marshall of Lexington, P.S.C., the facility's legal name.

Last month, Bevin sued Planned Parenthood for performing 23 illegal abortions, seeking $700,000 in damages. That location has stopped performing abortions.

There are only three abortion facilities in the state, according to the Guttmacher Institute.

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