The Struggle to Reopen an Abortion Clinic in a State That Wants to Outlaw Abortion

What women really think about news, politics, and culture.
Oct. 28 2014 7:57 AM

“It Was Just One Thing After Another”

An abortion provider on his four-month ordeal to reopen the only clinic in northern Alabama.

Photo by Win McNamee/Getty Images
Anti-abortion activists gather outside the Supreme Court on June 26, 2014, in Washington.

Photo by Win McNamee/Getty Images

Currently, 23 states across the country have passed laws to force abortion providers to meet strict and medically unnecessary building codes and regulations in order to terminate pregnancies. From Pennsylvania to Texas, these laws have sought to close clinics under the guise of creating “safer” environments for the already safe process of ending a pregnancy.

But what is it actually like to try to get a clinic up to these new standards? We spoke to Dalton Johnson, owner of Alabama Women’s Center, in Huntsville, Alabama. Due to the new requirements in his state, Johnson’s clinic, the only provider in northern Alabama, had to close its doors at the end of June. Johnson expected to reopen quickly in a new location, with a building that would adhere to the new standards. Instead, his clinic was closed for almost four months, finally reopening on Oct. 15. We talked to Johnson about his battle with the city to get the clinic back up and running in the new location, the embrace of his community, and how northern Alabama almost lost its right to accessible abortion all because of a staircase.

Slate: While you were closed, what was happening to the women who still needed abortions? What were they doing instead?

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Dalton Johnson: People were still calling. You felt bad for them, telling them that they had to go to Tuscaloosa or Montgomery, or sometimes Nashville, Tennessee. They would say, “I just can’t take two days off of work and then drive 200 miles.” That’s what people don’t get. Not only are you driving 200 miles one way, but you have to do it twice, or even three times if you go for a follow-up appointment. That’s what people are doing. Even in Texas, I don’t think they make that point stand out enough. With a 48-hour waiting period in Alabama, you can’t even stay overnight. Some patients used to stay overnight and do two consecutive appointments with a 24-hour wait, but with a 48-hour waiting period, that pretty much ended that.

Slate: Why exactly did your clinic have to move in the first place?

Johnson: The clinic on Madison Street was a two-story facility. However, the second story was only my office—the administrator’s office—and storage. No patient care ever took place upstairs. My building was only around 3,000 square feet, and 2,000 was patient care downstairs, 1,000 was upstairs—my private office and the storage. I had two staircases to the upstairs. I had one staircase that met code, which emptied out into the foyer and then out the door. I was just going to have to make that staircase go directly outside. Then I had the other staircase—a spiral staircase—down to the patient care area. The architects said that one would have to go directly to the outside. So I would have to put two new staircases into the building, and that would have torn up the design of the building and made it not functional. They said we would have to put in a new fire alarm system, with pull stations, like they have in schools, and we were fine with that. But they also wanted to have me install a new sprinkler system since it was a two-story.

Slate: The legislators who approved these new requirements said this all had to do with patient safety?

Johnson: Right. Even though no patient care took place upstairs. It was totally ridiculous. They were going to have me put in two staircases for me to exit my own office, for me to exit outside. They wanted us to put the sprinkler system in. All these things that had nothing to do with patient safety. We kept on submitting plans and suggestions to the architects, and they kept getting shot down. At that point we were running out of time, and the architects said, “Look, Dalton, to do this we are talking about a quarter of a million dollars. In addition to that, you are going to have to totally tear up the office.” We had actually gotten the fire department to come out and do a waiver on the sprinkler system, because in the safety code, if you are under 5,000 square feet and the local fire department comes out and sees that you have good egress to the building, then they can give you a waiver. However, the state declined to accept that waiver from the local fire marshal. When that happened, that’s when we looked at purchasing the building we just opened in now.

Slate: You had to shut down your original clinic and let that license go in order to start the process to license the new building. How long did you think that process was going to take?

Johnson: We were thinking that this would take about 30 days to remodel and then get the license. Instead it took about four months.

Slate: Did it take so long because of the remodeling or the relicensing?

Johnson: This was all the state foot-dragging. It was just one thing after another. The state finally came out and did their inspection. Then they kept going on about the fire alarm system. One thing after another. It was very frustrating. The architect and the fire alarm company said they had never seen anything like it, that they had done hundreds of these, and in this case the state was even looking at the functionality of the system, and a representative from the company actually had to call them and say, “You know, these fire alarm systems have been put in hundreds of buildings.” It was one thing after another.

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