Morrison pharmacy owner back in court over Plan B

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Morrison pharmacy owner back in court over Plan B

By Grace Whitten, Sauk Valley Newspapers, (Dixon, Illinois), November 10, 2006

Morrison pharmacist Luke Vander Bleek's battle against Plan B, the so-called morning-after pill, resumed Thursday, as lawyers argued his appeal of a decision made by a Springfield judge more than a year ago denying his request for a temporary restraining order to stop enforcement of a law requiring Illinois pharmacies to dispense the drug.

A decision from the Fourth District Court of Appeals in Springfield, which heard the arguments Thursday, is not expected for three to six months, Vander Bleek said.

Whatever the outcome, Vander Bleek, a Catholic, said he will continue to fight the law he says goes against his basic rights. "We will push until we absolutely do not have a case left," he said.

Vander Bleek, owner of Fitzgerald Pharmacy in Morrison and part-owner of two pharmacies in DeKalb County, filed suit June 8, 2005, in Morrison, seeking an injunction against Gov. Rod Blagojevich's emergency rule requiring all pharmacies that dispense contraceptives to make Plan B available. He was joined in the petition by his wife, Joan, and three other Illinois pharmacy owners.

The suit contends the rule violates the Illinois Health Care Right of Conscience Act by compelling pharmacy owners who do not want to carry the drug to act against their ethical and moral beliefs in dispensing them.

The suit was based on the emergency rule, and was dismissed by mutual agreement in August 2005 when the emergency rule expired and became law. Vander Bleek re-filed his suit seeking to abolish the law on Sept. 14, 2005, in Springfield.

He also filed a motion for a temporary restraining order to stop the governor from enforcing the rule until the court argument is settled.

On Sept. 22, in Springfield, a judge denied the motion for the restraining order, saying he did not see the necessary "clear and present risk" to Vander Bleek, since there was no evidence the pharmacy owner had violated the law.

In November, the court dismissed Vander Bleek's lawsuit to abolish the new law, for the same reason. The judge ruled there is no evidence of violation or any investigation under way involving Vander Bleek.

Then the appeal was filed.

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