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TRUE LIFE CHOICE v. DEPT. OF HEALTH & REHAB. OF FLA.

No. 93-509-CIV-ORL-18.

914 F.Supp. 507 (1994)

TRUE LIFE CHOICE, INC.; Lorraine Green, individually; John H. Heaton, individually; Accept Pregnancy Centers, Inc.; Sandra J. Adkison, individually; David F. Galloway, Jr., individually; Pregnancy Care Center; & Susan K. Stanley, individually, Plaintiffs, v. DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, of the STATE OF FLORIDA; Buddy MacKay, Lt. Governor, Secretary, Department of Health and Rehabilitative Services of the State of Florida; Paul Snead, Jr., District Administrator, Department of Health and Rehabilitative Services of the State of Florida; & Beverly J. Wheeler, Human Services Program Supervisor II, Department of Health and Rehabilitative Services of the State of Florida, Defendants.

United States District Court, M.D. Florida, Orlando Division.

August 29, 1994.

Attorney(s) appearing for the Case

Mathew Duane Staver, Frederick H. Nelson, Staver & Associates, Orlando, FL, for plaintiffs.

James Albert Sawyer, Jr., Fla. Dept. of HHS, Orlando, FL, John Taylor Willett, DeCiccio & Broussard, P.A., and Sharon L. Stedman, Sharon Lee Stedman, P.A., Orlando, FL, for defendants.

ORDER

G. KENDALL SHARP, District Judge.

Plaintiffs bring this action pursuant to 42 U.S.C. § 1983. Plaintiffs seek declaratory and injunctive relief alleging that Florida Administrative Code provisions 10M-24.003(2) and 10M-24.004(1) are unconstitutional both facially and as applied to plaintiffs. This case was tried without a jury. At the conclusion of the trial, the court held that Florida Administrative Code provisions 10M-24.003(2) and 10M-24.004...

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