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SABELKO v. CITY OF PHOENIX

No. CIV 93-2229-PHX-SMM.

846 F.Supp. 810 (1994)

Katherine SABELKO and Nancy Barto, Plaintiffs, v. The CITY OF PHOENIX, et al., Defendants.

United States District Court, D. Arizona.

February 11, 1994.

Attorney(s) appearing for the Case

Benjamin W. Bull, Nikolas T. Nikas, Phoenix, AZ, for Katherine Sabelko and Nancy Barto.

Marvin A. Sondag, City of Phoenix Law Dept., Civ. Div., Roderick Gregory McDougall, Office of City Atty., Asst. City Atty., Phoenix, AZ, for City of Phoenix, Paul Johnson, Thelda Williams, Frances Emma Barwood, Skip Rimsza, Craig Tribken, John Nelson, Kathy Dubs, Salomon F. Leija and Calvin C. Goode.

Lawrence Jay Rosenfeld, Helen Rubenstein Holden, Sacks Tierney & Kasen, PA, Phoenix, AZ, Roger K. Evans, Legal Action for Reproductive Rights, Planned Parenthood Federation of America, New York City, for Planned Parenthood of Central and Northern Arizona, Inc.

MEMORANDUM OF DECISION AND ORDER

McNAMEE, District Judge.

INTRODUCTION

On November 17, 1993 Phoenix City Ordinance No. G3705 was enacted and made immediately effective. The Ordinance, codified as Phoenix City Code § 23-10.1, provides:

WHEREAS unimpeded access to health care services is critically and uniquely important to the public health, safety, and welfare; and WHEREAS...

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