Chapter 9.23 — CRISIS PREGNANCY CENTER ADVERTISING

As used in this chapter:

"Abortion" shall mean the termination of a pregnancy for purposes other than producing a live birth. "Abortion" includes, but is not limited to, a termination using pharmacological agents.

"Advertising statement" shall mean any communication or statement in television or radio, or in any print medium, including, but not limited to, newspapers and billboards, or by means of mailing directed generally to members of the public, or in any other medium including over the internet, concerning any services, any circumstance or any matter of fact connected with a proposed performance, to induce directly or indirectly any person to seek the services of a pregnancy services center.

"Client" shall mean an individual who is inquiring about or seeking services at a pregnancy services center.

"Emergency contraception" shall mean one or more prescription drugs: (A) used separately or in combination, to prevent pregnancy, when administered to or self-administered by a patient, within a medically-recommended amount of time after sexual intercourse; (B) dispensed for that purpose in accordance with professional standards of practice; and (C) determined by the United States Food and Drug Administration to be safe for that purpose.

"Health information" shall mean any oral or written information in any form or medium that relates to health insurance and/or the past, present or future physical or mental health or condition of a client.

"Licensed medical provider" shall mean a person licensed or otherwise authorized under the provisions of federal, state, or local law to provide medical services.

"Limited services pregnancy center" shall mean a pregnancy services center, as defined in subsection 8, that does not directly provide or provide referrals to clients for the following services: (A) abortions; or (B) emergency contraception.

"Pregnancy-related services" shall mean services provided or offered to a person who is or may be pregnant, including any of the following: pregnancy testing, pregnancy diagnosis, obstetric ultrasounds, obstetric sonograms, or prenatal care.

"Pregnancy services center" shall mean a facility, licensed or otherwise, and including mobile facilities, the primary purpose of which is to provide services to women who are or may be pregnant, that either: (1) offers obstetric ultrasounds, obstetric sonograms or prenatal care to pregnant women; or (2) has the appearance of a medical facility. A pregnancy service center has the appearance of a medical facility if two or more of the following factors are present:

• A.

  • The facility offers pregnancy testing and/or pregnancy diagnosis;

• B. The facility has staff or volunteers who wear medical attire or uniforms;

• C.

  • The facility contains one or more examination tables;

• D. The facility contains a private or semi-private room or area containing medical supplies and/or medical instruments;

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City of West Hollywood, CA § 9.23.010

WEST HOLLYWOOD CODE

§ 9.23.030

• E.

• The facility has staff or volunteers who collect health information from clients; or

• F. The facility is located on the same premises as a state-licensed medical facility or provider or shares facility space with a state-licensed medical provider.

It shall be prima facie evidence that a facility has the appearance of a medical facility if it has two or more of the characteristics listed above.

"Premises" shall mean land and improvements or appurtenances or any part thereof.

"Prenatal care" shall mean services consisting of physical examination, pelvic examination or clinical laboratory services provided to a woman during pregnancy. Clinical laboratory services refer to the microbiological, serological, chemical, hematological, biophysical, cytological or pathological examination of materials derived from the human body, for purposes of obtaining information, for the diagnosis, prevention, or treatment of disease or the assessment of health condition.

(23-07 § 3, 2023; Ord. 23-16 § 1, 2023)

• a. It is unlawful for any pregnancy services center to make an advertising statement that a reasonable consumer would believe indicates that the pregnancy center provides abortion services, emergency contraception services, prenatal care, or any other pregnancy-related service, despite the pregnancy services center not providing that service or not making a timely referral to a qualified service provider providing such services, both with respect to the client in question and as part of the pregnancy services center's business practice.

• b. It is unlawful for any limited services pregnancy center, with intent directly or indirectly to perform pregnancy-related services, to make or disseminate or cause to be made or disseminated before the public in the city, any advertising statement which is untrue or misleading, whether by statement or omission, that the limited services pregnancy center knows or which by the exercise of reasonable care should know to be untrue or misleading.

• c. It is unlawful for any limited services pregnancy center, with intent directly or indirectly to perform pregnancy-related services, to make or disseminate or cause to be made or disseminated from the city before the public anywhere, any advertising statement which is untrue or misleading, whether by statement or omission, that the limited services pregnancy center knows or which by the exercise of reasonable care should know to be untrue or misleading.

• d. It is unlawful for any limited services pregnancy center, with intent directly or indirectly to perform pregnancy-related services, to make or disseminate or cause to be so made or disseminated any advertising statement as part of a plan or scheme with the intent not to perform the services expressly or impliedly offered, as advertised.

• (23-07 § 3, 2023; Ord. 23-16 § 1, 2023)

• a. The City Attorney and City Prosecutor may enforce the provisions of this chapter through a civil action in any court of competent jurisdiction. Before filing an action under this chapter, the City Attorney or City Prosecutor shall give written notice of the violation to the limited services pregnancy center. The written notice shall indicate that the limited

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City of West Hollywood, CA

PUBLIC PEACE AND SAFETY

§ 9.23.030

§ 9.23.030

services pregnancy center has ten days in which to cure the false, misleading, or deceptive advertising. If the limited services pregnancy center has not responded to the written notice within ten days, or refuses to cure the false, misleading, or deceptive advertising within that period, the City Attorney may file a civil action.

• b. The City Attorney may apply to any court of competent jurisdiction for injunctive relief compelling compliance with any provision of this chapter and correcting the effects of the false, misleading, or deceptive advertising. Such an injunction may require a limited services pregnancy center to:

  1. Pay for and disseminate appropriate corrective advertising in the same form as the false, misleading, or deceptive advertising.

  2. Post a notice on its premises, in a location clearly noticeable from the waiting area, examination area, or both, stating:

     • A. Whether there is a licensed medical doctor, registered nurse, or other licensed medical practitioner on staff at the center; and

     • B. Whether abortion, emergency contraception, or referrals for abortion or emergency contraception are available at the center.

  3. Be placed on a violator's list with other limited services pregnancy centers in violation of this same chapter.

  4. Such other narrowly tailored relief as the court deems necessary to remedy the adverse effects of the false, misleading, or deceptive advertising on women seeking pregnancy-related services.

• c. Upon a finding by a court of competent jurisdiction that a limited services pregnancy center has violated Section 9.28.020 of this chapter, the city shall be entitled to recover civil penalties from each and every party responsible for the violation of not less than $1,000 and not more than $5,000 per violation. In addition, if the city prevails it shall be entitled to reasonable attorney's fees and costs pursuant to order of the court.

• d. Nothing in this chapter shall be interpreted as restricting or otherwise limiting the enforcement authority that state law or municipal code vest in the city, its agencies, officers or employees or any state agency.

• e. Nothing in this chapter shall be interpreted as creating a right of action for any party other than the city.

• f. Nothing in this chapter shall be interpreted as restricting, precluding or otherwise limiting a separate or concurrent criminal prosecution under the municipal code or state law. Jeopardy shall not attach as a result of any court action to enforce the provisions of this chapter.

• g. A violation of this chapter may also be subject to the administrative penalty procedure provisions of Sections 1.08.030 through 1.08.070 of Chapter 1.08 of this code.

• (23-07 § 3, 2023; Ord. 23-16 § 1, 2023)

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City of West Hollywood, CA

PUBLIC PEACE AND SAFETY

§ 9.24.010

§ 9.24.020