Restraining order issued vs. Elgin in mobile ultrasound case
From Staff Reports March 13, 2013 5:12PM
Updated: March 13, 2013 10:24PM
A federal judge issued a temporary restraining order Wednesday against Elgin’s zoning restrictions on a mobile ultrasound service, according to attorneys in the case.
The order by Judge Samuel Der-Yeghiayan allows TLC Pregnancy Services to resume its mobile pregnancy service at its usual spots in the parking lots of the Evangelical Covenant Church on Larkin Avenue and JB’s Pub & Bar on McLean Boulevard, both near Larkin High School.
TLC Pregnancy Services says it has provided women in Elgin — particularly high-school-age girls — with free pregnancy information, testing and ultrasound care through its mobile ultrasound facility for nearly two years before it was shut down last summer by the city.
The city council had amended its zoning code the previous June in a way that classified the mobile facility and a number of other mobile operations as a “temporary land use” limited to only four uses per year at each location. When TLC attempted to renew its permit, the group was told that no further permits would be issued in 2012, according to TLC.
The service sued the city in federal court earlier this month.
“The big question is, why is Elgin wasting taxpayer money to restrict the access of young women to free pregnancy services?” said Noel W. Sterett, an attorney with the Mauck & Baker law firm, in a written statement. “We hope today’s ruling allows Elgin’s officials to rethink their position and do what is best for TLC, Elgin, pregnant women and their unborn babies: get rid of a law which has no purpose and is unconstitutional.”
The city has declined comment on the suit.