P.L.S. Partners, Women's Medical Center of Rhode Island, Inc. v. City of Cranston

696 F. Supp. 788, 1988 U.S. Dist. LEXIS 11265, 1988 WL 104787
CourtDistrict Court, D. Rhode Island
DecidedJune 28, 1988
DocketCiv. A. No. 87-0522 P
StatusPublished
Cited by6 cases

This text of 696 F. Supp. 788 (P.L.S. Partners, Women's Medical Center of Rhode Island, Inc. v. City of Cranston) is published on Counsel Stack Legal Research, covering District Court, D. Rhode Island primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
P.L.S. Partners, Women's Medical Center of Rhode Island, Inc. v. City of Cranston, 696 F. Supp. 788, 1988 U.S. Dist. LEXIS 11265, 1988 WL 104787 (D.R.I. 1988).

Opinion

[790]*790OPINION

PETTINE, Senior District Judge.

This is a Civil Rights action against the City of Cranston, its Mayor, and the Cran-ston Building Inspector and several of his subordinates for acting individually and in concert to deprive plaintiffs of Due Process and Equal Protection of the laws in violation of 42 U.S.C. section 1983 and 42 U.S.C. section 1985.1 The plaintiffs allege that these individuals acted to frustrate their construction of an out-patient abortion facility in the city of Cranston.

INTRODUCTION

The essential facts, with further elaboration to be found in the opinion where appropriate, are as follows:

The Women’s Medical Center of Rhode Island, Inc. (“Women’s Center”) is a Rhode Island corporation that has, for the past ten years, provided various pregnancy-related services in its Providence offices. It is licensed by the state as a “Freestanding Ambulatory Surgical Center”2 and is authorized to perform abortions. P.L.S. Partners (“PLS”) is a Pennsylvania general partnership established to do business in Rhode Island. PLS’s partners include Malcolm Polis, Randy Lazarus, and Howard Sanders, who are also officers and directors of the Women’s Center. After eight years of operating at offices located in Providence, the Women’s Center began to search for a new location, eventually casting an acquisitive eye toward property located at 1725 Broad Street, Cranston, Rhode Island.

Under the Cranston Zoning Ordinance, the Broad Street property lies within a C-l commercial zone, which is reserved for the development of “Office Business.” Certain establishments are automatically permitted within the zone, certain others are excluded, and a small number are permitted at the discretion of the Zoning Board and upon issuance of a special use permit. Special use permits, according to the Code, shall be issued if the Board determines, after conducting a public hearing, that the intended use of the establishment satisfied the following criteria:

It shall be compatible with its surroundings;
It shall not be injurious, obnoxious, or offensive to the neighborhood;
It shall not hinder the future development of the city; and It shall promote the general welfare of the city.

“Health Care Facilities” are automatically permitted in a C-l zone. “Hospitals,” however, are permitted only upon issuance of a special use permit. A Health Care Facility is defined as:

A facility or institution, whether public or private, principally engaged in providing services for health maintenance, diagnosis or treatment of human disease, pain, injury, deformity, or physical condition, including but not limited to public health center, diagnostic center, treatment center, rehabilitation center, extended care facility, intermediate care facility, chronic disease hospital, out-patient clinic, dispensary, home health care agency, boarding home or residences for sheltered care, and medical or dental laboratories or central services facility serving one or more such institutions but excluding institutions that provide healing solely by prayer.

A Hospital is defined as:

An institution providing primary health services and medical or surgical care to persons, primarily inpatients, suffering from illness, disease, injury, deformity, and other abnormal physical or mental conditions, and including as an integral [791]*791part of the institution, related facilities such as laboratories, out-patient facilities or training facilities.

After determining that the proposed Women’s Center would fall under the category of “Health Care Facility,” Randy Lazarus, a PLS partner, purchased the property for the partnership. On August 28, 1987, after contracting with a general contractor to erect the Women’s Center, PLS applied to the Cranston Department of Inspections for a building permit; accompanying the application were, as required by the ordinance, the architectural plans and specifications of the proposed facility. Although the permit application described the Women’s Center as a Health Care Facility, neither it nor the plans and specifications indicated explicitly that abortions would be performed at the Women’s Center.

The Cranston building inspector, Richard Crudele, is charged with enforcing the city’s zoning code. After reviewing the application and the architectural plans, he issued a building permit to PLS. He did not inquire as to the nature of the particular treatment to be offered at the Women’s Center, but was apparently satisfied by the application’s description of the Women’s Center as a Health Care Facility. Because, apparently, the plans and specifications seemed to conform to that description, no conflict arose. Immediately following issuance of the permit, PLS commenced construction and resolved, after conferring with the contractor, to occupy the building by January 31, 1987.

Sometime shortly before September 28, Inspector Crudele’s office received calls from Cranston residents complaining about the location of an abortion clinic in Cran-ston. At approximately the same time, the office of Cranston Mayor Michael Trafi-cante received similar complaints. Crudele began to suspect that performance of abortions in a C — 1 zone, without a Special Use permit, would constitute an “illegal use” under the Cranston Code. He began discussions with Mayor Traficante and the City Solicitor, Bill Henry, as to whether to issue a Cease and Desist Order to PLS. According to Crudele, Mayor Traficante, although he did not instruct Crudele to issue a Cease and Desist Order, encouraged him “to do [his] job properly.” Bill Henry apparently advised Crudele that his suspicions that the Women’s Center would be conducting an illegal use were correct. Finally, relying ultimately on Bill Henry’s assessment that “It has been our practice to require clinics [that perform minor surgery] to go before the zoning board for a special permit,” Crudele, through his deputy building inspector, issued a Cease and Desist Order to PLS on September 28, 1987. He issued the order apparently after his assistant, F. Charles Haigh, confirmed that abortions were going to be performed by talking with Norton Salk, the architect for PLS.

In a September 28 letter to PLS explaining his action, Crudele stated that “It has been brought to our attention, through complaints received, that there currently exists an alleged violation of the City of Cranston Zoning Code, Section 30-15 (permitted uses).” Crudele directed PLS to contact his office within forty-eight hours from receipt of the letter to arrange for a hearing. Crudele simultaneously issued a Stop-Work Order on the Premises.

Several days later, on October 2, at the request of PLS’s counsel, Crudele conducted what he considered to be an “informal hearing” to review the Cease and Desist Order. Present at the hearing, in addition to Crudele, were the City Solicitor, the Deputy Inspector, PLS’s counsel and, at Cru-dele’s invitation, counsel for Anna Sullivan, a Cranston resident and Chairperson of the State Chapter of Right to Life. Crudele heard arguments from PLS’s counsel and from Sullivan’s counsel; at the conclusion of the hearing he affirmed his previous decision.

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Bluebook (online)
696 F. Supp. 788, 1988 U.S. Dist. LEXIS 11265, 1988 WL 104787, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pls-partners-womens-medical-center-of-rhode-island-inc-v-city-of-rid-1988.