CENTRO TEPEYAC v. MONTGOMERY COUNTY

Nos. 11-1314, 11-1336.

722 F.3d 184 (2013)

CENTRO TEPEYAC, Plaintiff-Appellee, v. MONTGOMERY COUNTY; Montgomery County Council, in its capacity as the Montgomery County Board of Health, Defendants-Appellants, and Montgomery County Department of Health and Human Services; Marc Hansen, Acting County Counsel, Defendants. Centro Tepeyac, Plaintiff-Appellant, v. Montgomery County; Montgomery County Council, in its capacity as the Montgomery County Board of Health, Defendants-Appellees, and Montgomery County Department of Health and Human Services; Marc Hansen, Acting County Counsel, Defendants.

United States Court of Appeals, Fourth Circuit.

Decided: July 3, 2013.


Attorney(s) appearing for the Case

ARGUED: Clifford Lee Royalty , County Attorney's Office, Rockville, Maryland, for Appellants/Cross-Appellees. Mark L. Rienzi , Columbus School of Law, Catholic University of America, Washington, D.C., for Appellee/Cross-Appellant. ON BRIEF: Marc P. Hansen , County Attorney, Edward B. Lattner , Chief, Division of Human Resources & Appeals, County Attorney's Office, Rockville, Maryland, for Appellants/Cross-Appellees. Steven H. Aden , Matthew S. Bowman , M. Casey Mattox , Alliance Defense Fund, Washington, D.C.; Robert Destro , Columbus School of Law, Catholic University of America, Washington, D.C.; John R. Garza , Garza, Regan & Associates, Rockville, Maryland; Robert Michael , Shadoan, Michael & Wells LLP, Rockville, Maryland, for Appellee/Cross-Appellant.

Affirmed by published opinion. Judge KING wrote the majority opinion, in which Chief Judge TRAXLER and Judges WILKINSON, MOTZ, GREGORY, DUNCAN, DAVIS, KEENAN, WYNN, FLOYD, and THACKER joined. Judge WILKINSON wrote a concurring opinion. Judge NIEMEYER wrote a dissenting opinion, in which Judges SHEDD and AGEE joined.


KING, Circuit Judge:

These cross-appeals demand our review of the district court's decision to preliminarily enjoin enforcement of one portion of a Montgomery County Resolution requiring limited service pregnancy resource centers to post signs disclosing (1) that "the Center does not have a licensed medical professional on staff," and (2) that "the Montgomery County Health Officer encourages women who are or may be pregnant to consult with a licensed health care provider...

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