Attorney Scott Morro said Dr. Bruce Norman has decided that he wants to continue, as a physician's office, performing abortions at the Southside clinic.
“The resolve is to try to stay open," Morro said. "As it stands right now, we are going to file a motion to reconsider."
Morro added: "We think we can clear up some of the fuzzy math."
It was indeed math that played a role in Jefferson County Circuit Judge Joseph Boohaker's ruling Thursday that the clinic was operating without an abortion provider license, and he ordered it to stop.
Norman said he didn't need a license because he was operating as a physician's office and performed fewer abortions than the threshold set by the state triggering the need for a license.
Norman testified that he performed 14 or less abortions on one day at the clinic "every other week."
State law says a license is required if you perform 30 or more abortions in any two months of a calendar year.
"For two months of every year, according to Dr. Norman's testimony, the said facility is open three days during the month," Boohaker wrote in the 22-page ruling.
"The court can only conclude that Dr. Norman's reckoning that he performs less than 30 abortion procedures per month is based upon a mistaken belief that bi-weekly is the same as semi-monthly, and for 10 months of the year that reckoning is clearly correct. However, for two months every year this clearly is not the case."
The judge also ruled that a phone referral service is a way that the clinic "holds itself out" to the public as an abortion provider, which is another factor in the regulations determining the need for a license.
Today, Morrow said both the phone and the math are easy to resolve. If resolved, Norman would be able to continue his practice as a physician's office with no need for an abortion provider license.
Ironically, Gloria Gray, the director of the West Alabama Women’s Center in Tuscaloosa, criticized New Woman All Women’s practices:
“He [Judge Boohaker] made the right decision; they were operating without a license.”
So far, none have been as lengthy as the 76-page deficiency report on the dangerous conditions at New Woman All Women, but one revealed that in 2013 the West Alabama Women’s Center didn’t meet health and safety standards for hand washing, glove usage, safe use of sharps containers—there were needles lying on the floor—and cleaning of medical supplies.
The 2010 and 2011 deficiency reports about the West Alabama Women's Center exposed similarly shoddy practices, including failing to abide by their policy for gestational age limits and failing to have documented physician orders and records of who administered patient medication.
Bama Students for Life will be carefully watching as Norman tries to re-open his unlicensed abortion business, and Bama Students for Life will be carefully watching the West Alabama Women's Center. Gloria Gray seems to think that the abortions Louis Payne commits are somehow better or more safe than the ones that Norman committed at New Woman All Women. The Alabama Department of Public Health's deficiency reports say otherwise.