Michigan
Is Michigan’s 24-hour abortion waiting period legal? Judge to decide in new trial underway
A trial has begun in a case that challenges Michigan abortion-related laws, including a 24-hour waiting period, with testimony focused on whether they place an undue burden on women seeking the procedure in the state.
The bench trial is taking place in Michigan’s Court of Claims in Detroit, where Northland Family Planning Center is asking Judge Sima Patel to rule unconstitutional three abortion regulations in state law — a mandatory 24-hour waiting period to terminate a pregnancy; requiring those seeking an abortion to obtain counseling and read information from the state before getting the procedure; and a ban on advanced-practice clinicians like physicians assistants and nurses performing an abortion.
The legality of the regulations came under scrutiny after Michigan voters approved a constitutional amendment in November 2022 creating a state-level right to have an abortion.
“Because I worked with lobbying legislators in Lansing, my understanding was (these regulations were) to make it more difficult for women to get abortions (and) to delay abortions,” said Renee Chelian, the executive director of Northland Family Planning Center. “My observation was (their intent was that) it would deter women and when they read the materials it would change their mind.”
The state, represented by fire-walled attorneys within Attorney General Dana Nessel’s office, said it intervened in the lawsuit after Nessel, the Michigan Department of Health and Human Services and the Department of Licensing and Regulatory Affairs signaled they would not defend the law against the challenge brought by Northland.
“The challenged statutory provisions do not unconstitutionally deny, burden, or infringe on an individual’s right to reproductive freedom under Michigan’s Constitution … and they do not discriminate in the protection or enforcement of this fundamental right,” the state’s attorneys said in their motion to intervene in the lawsuit.
Northland sued Nessel, LARA Director Marlon Brown and MDHHS Director Elizabeth Hertel. Nessel, Brown and Hertel said they would not defend the constitutionality of the laws.
Hertel said MDHHS did not have the legal authority to enforce the challenged laws, which is why the state intervened on behalf of the people of Michigan. Hertel said adding the state as a party was the only way for meaningful and complete relief for Northland.
The Reproductive Freedom For All Amendment requires the state not to “deny, burden, or infringe upon this freedom barring a compelling state interest to protect the health of the individual seeking care,” Patel wrote in her order granting a preliminary injunction in June.
“Additionally, any statute or regulation that does deny, burden, or infringe upon reproductive freedom must only do so in order to protect the patient’s health, achieve this goal by the least restrictive means, be consistent with accepted clinical standards of practice and evidence-based medicine, and not infringe upon an individual’s autonomous decision making.”
It appeared the laws Northland challenges, Patel wrote in her order, “are likely unconstitutional.” She will rule on the case after the trial, which is scheduled through Feb. 21.
Two people testified Thursday at the first day of the trial: Chelian and Dr. Charisse Loder, who works at the University of Michigan’s Women’s Clinic. None of the parties gave opening statements.
The law before the June preliminary injunction was granted required those pregnant to wait 24 hours to get an abortion after they received state-mandated informational materials. They either had to go to the clinic to get the materials or print them out themselves, both of which can cause hardship to people seeking an abortion, Chelian and Loder said.
Chelian and Loder said patients were often annoyed when they learned they could not have an abortion the day they made their appointment and would have to wait at least 24 hours for a new appointment.
“I observed people being frustrated, angry and upset that they had gotten a babysitter or a ride or taken a day off school or work, only to be turned away,” Chelian said. “They sometimes weren’t sure when they could come back, pushing them into another gestational limit or making it so they couldn’t get a medication abortion. … They couldn’t understand why the state had anything to do with this.”
The state argued that the 24-hour waiting period does not unduly burden access to abortion; instead it ensures people can exercise their right in an “informed, voluntary, and reflective manner.” Its attorneys asked Patel to affirm the laws and leave the question about any policy changes to the Legislature.
Appellate courts found that laws like the ones challenged by Northland did not constitute an undue burden on a woman’s right to reproductive freedom, the state wrote in its motion to intervene. The Michigan Court of Appeals found in 1992 that the objective of the laws was to ensure “a woman’s decision to obtain an abortion is informed, voluntary, and reflective.”
After the injunction, Chelian said employees at Northland spent less time on the phone talking about the state’s website with patients and can reduce waiting times for those who come in.
“It makes it much easier for them to get an appointment they want and have already made up their mind about,” Chelian said. “There’s no other medical procedure in this state where the patient is required to look at alternatives to the procedure they’re going to have.
“It’s biased, its unnecessary, it burdens the patient, there’s no reason for it. … It is not fair to make an assumption that they want something because you think it’s not a burden or someone else happens to think it’s not a burden.”
The delay and mandatory counseling were designed to pressure people into choosing to continue a pregnancy instead of having an abortion, the lawsuit said.
The lawsuit contended the law also forces patients to read irrelevant, misleading or stigmatizing information that may not apply to their circumstances for ending a pregnancy. Loder said the materials provided by the state are misleading, overplaying the risks of abortion and downplaying the risks of pregnancy.
“I don’t believe (the materials) help my patient make an autonomous decision,” Loder said.
The state argued that the informational materials also do not put an undue burden on abortion care, and is in keeping with the state’s interest to protect a patient’s health, as does the law limiting abortion providers to licensed physicians.
“Providing a patient with medically accurate information is not a burden to that patient, is it?” Assistant Attorney General Kendell Asbenson asked Loder.
“I don’t agree with that statement,” Loder said.
“It’s a burden to provide medically accurate information to a patient?” Asbenson said.
“I think it’s a burden to provide medically accurate information that is not relevant to the patient,” Loder said, saying it would not be helpful to provide Asbenson, a man, information about female reproductive health.
The trial continues Friday.
kberg@detroitnews.com
Michigan
Michigan Department of Corrections to launch L.E.A.D. Academy program this fall
LANSING, Mich. — The Michigan Department of Corrections (MDOC) is launching the L.E.A.D. Academy, a new leadership development program set to begin this fall as part of the department’s Safe Prisons Initiative.
L.E.A.D. Academy stands for Learn Today, Empower Tomorrow, Aspire Beyond, Develop a Legacy.
Officials say the program is a four-phase leadership development pathway designed to support employee growth at every stage of a career, and intends to advance training and staff support goals by preparing employees to lead “with skill, integrity and professionalism.”
“Our workforce is constantly evolving, and it is more important than ever that we are supporting our emerging leaders in a way that will create change-makers and thought-leaders in the correctional field,” MDOC Director Heidi E. Washington said. “Well-trained professional staff create safe facilities by stepping above the status quo to challenge themselves, and those around them, to go above and beyond.”
MDOC partnered with Michigan State University to develop the program’s curriculum, focusing on leadership principles applied specifically to the corrections environment.
According to the MDOC, the program emphasizes daily conduct, communication, presence and professionalism as factors that can influence others and contribute to safer facilities.
“The curriculum is designed to help participants develop practical leadership skills rooted in communication, emotional intelligence, professionalism, and ethical decision-making,” Vivian Aranda-Hughes, an assistant professor in MSU’s School of Criminal Justice, said. “We are excited to support a program that invests in people and recognizes that leadership is demonstrated through the choices, actions, and influence individuals bring to their work every day.”
Applicants for the L.E.A.D. Academy will be selected through a formal review process after applying for the program, according to the MDOC.
To be eligible, applicants must meet the following requirements: one year of MDOC employment, attainment of satisfactory status during the initial probationary period, and full commitment to the program, including assignments outside the classroom.
Officials say the L.E.A.D. Academy is a key component of the state’s Safe Prisons Initiative, which was launched in March to improve safety and security across MDOC’s 26 prisons.
More information about MDOC’s Safe Prisons Initiative can be found online.
Michigan
Birmingham police say massive pool party should have been shut down sooner
Police in Birmingham, Michigan, say officers should have shut down a massive pool party in a residential neighborhood sooner last weekend.
More than 100 people showed up for a party in the 300 block of Westchester Way on June 13, when city officials say a private residential pool was rented out to a third party, violating zoning regulations.
“While officers shut the party down and issued multiple citations, the department acknowledges the party should have been shut down earlier,” said Birmingham police Chief Scott Grewe in a social media post. “Protecting public safety and preserving the quality of life in Birmingham neighborhoods remain top priorities. Should an event require intervention in the future, there will be police supervision to ensure the orderly and safe dispersal of attendees.
Homeowners on Westchester Way told CBS News Detroit that the street was filled with cars and some intoxicated partygoers.
“Women, I don’t even know if they were wearing anything, thong bikinis on top of vehicles, twerking,” said homeowner Brian Homer.
Birmingham police confirmed the individual who rented the backyard over the weekend was a promoter. Police say the homeowner and the person who rented the pool were among those who received citations.
Residents told CBS News Detroit that the house has been hosting parties for years and that its pool is listed on Swimply for rent.
“This isn’t the first time; this has been ongoing. This is just the first time he got caught,” said a resident who shares a fence with the homeowner who is renting their pool.
During a Birmingham City Commission meeting Monday night, Birmingham Mayor Clinton Baller said that the city had failed in this case.
Homeowners who spoke with CBS News Detroit said they are concerned about their safety, given that the neighborhood is filled with children.
In April, three men were arrested and later charged in connection with a shooting at a short-term rental in the 1400 block of East Lincoln Street. According to police, a party was advertised at the rental home, and three 18-year-old men drove up to the property, where other teens were gathering, when an argument ultimately led to a shooting.
Michigan
Skateboarding legend conquers California, revisits Michigan roots
Meet Michigan’s own Skateboard Hall of Famer Bill Danforth
Grosse Pointe native and legendary skateboarder Bill Danforth talks about how it all began for him and how it continues across the country.
Warren — Skateboarders flew through the air at Macomb County’s Eckstein Skatepark, launching off concrete ramps as spectators looked on from the surrounding rows of vendor tents.
Punk rock music from a band on the Creative Grind Fest stage echoed across the park as veteran skateboarders — and a legend in the sport — stood alongside the youngest, offering help and encouragement. Among them was 4-year-old Nikky Bukobich, who said the first thing he learned on a skateboard was “to fall.”
Bill Danforth, a Grosse Pointe South High School graduate, surveyed the scene. With buzzed silver hair, limited edition Danforth Vans sneakers and a white T-shirt, the 60-year-old skateboarding trailblazer talked with fans and signed boards.
“Young skateboarders are the future of the sport, and will be able to carry it on long after we are not,” Danforth told The Detroit News. “You’re never done with skateboarding. But after we slow down, they got to keep that tradition going.”
Danforth returned to Metro Detroit last weekend as one of the newest inductees into the Skateboarding Hall of Fame, making appearances at Royal Oak’s Modern Skate & Surf — which Danforth credits with keeping skateboarding alive in Michigan — and Warren’s Creative Grind Fest. As the skateboarding industry continues to grow, Danforth’s induction offers a look back at the figures who helped shape the sport’s early years.
Grosse Pointe meets California
Danforth was drawn to skateboarding as a Grosse Pointe youth when he realized it allowed him to express his creativity like no other sport did.
“I played organized sports when I was a kid. I played hockey, I played baseball, I played golf,” he said. “Skateboarding was unique, and it had no rules. We created our own groove.”
Danforth started skating wherever he could: “Most of it was at schoolyards or loading docks. This is before we were even building ramps.”
Then, in 1978, Detroit’s Endless Summer Skatepark opened in Roseville and Danforth began competing through the Great Lakes Skateboarding Association. These competitions drew attention to Danforth and other Midwest skaters from some of the largest industry groups on the West Coast, earning Danforth a sponsorship from Madrid Skateboards.
“We started getting recognized by California,” Danforth said. “All of a sudden we were sponsored by California companies — we’re getting free skateboards, we’re getting free wheels and we’re getting free components.”
‘Style is faster, more charged’
Art director and brand manager for Madrid Skateboards, Eagle Barber, said that Danforth stood out from others in the way he skated.
“His style is faster, it’s more charged. He was never an apprehensive, laid-back skater,” Barber said. “He was always going faster and bigger, and he had a very certain air of intimidation about him.”
Michigan professional skateboarder Garold Vallie, a close friend, added that Danforth was known for skating anything and everything.
“He could skate big halfpipes, but he could skate street,” Vallie said. “He could skate anything. He had his own style, and people gravitated towards that.”
Jerry Shirts, a skater and artist selling his spraypainted road signs at the festival, had often been inspired by Danforth’s tricks on the board, he said: “He was a big influence on me when I first started skating. I had seen him in the mags and such, and then realized he was from Michigan, so he was my favorite local skater. I copied all his tricks.”
Danforth was also unique simply for being a Michiganian. Todd Huber, founder and CEO of the Skateboarding Hall of Fame, said Danforth emerged from a region rarely associated with professional skateboarding.
“He wasn’t from California, and California kind of got the spotlight. He was from Detroit, no spotlight was on him,” Huber said. “He was cut from a different cloth, and he did things differently.”
Growing up in Michigan forced skaters like Danforth to be resourceful: “We had to fight a lot of issues just to be a skateboarder in Michigan. Nothing was given to us; we earned it out of our own blood, sweat and tears. We were skateboarders without attitudes in the Midwest. California was a bunch of attitudes with skateboards.”
‘The American Nomad’
The same determination that helped Danforth break into the sport also took him far beyond Michigan. Danforth flew, drove and hitchhiked across the world, skating any terrain he could find and earning him the nickname “The American Nomad.”
His journeys included a trip to Tahiti in the 1980s. Intended as a skateboarding clinic and demonstration tour, the trip turned into what Danforth called an unexpected adventure when political unrest erupted on the island. Danforth evacuated before continuing his travels through New Zealand and Australia.
Stories like these helped make him one of skateboarding’s most recognizable figures during the 1980s.
“He had the number one-selling board in the United Kingdom. He had one of the number one-selling boards in America,” said George Leichtweis, founder of Royal Oak’s Modern Skate & Surf. “And he would go anywhere with anybody in skating, and that’s a level of respect to the core of skateboarding.”
Memorabilia, renewed demand
Today, one of Danforth’s signature boards is part of the Smithsonian’s collection, alongside a copy of “Street Survival,” an instructional VHS video starring Danforth that helped teach a generation of skateboarders.
“He was definitely a really influential skater of the ’80s,” said Jane Rogers, a curator with the Smithsonian. “His board had a lot of cool elements — the graphic and the way the board was shaped. The circle of skulls definitely represents that time.”
Madrid Skateboards recently reissued several of his signature boards as part of a limited-edition collection. Only 200 of each design were produced, and the company said Danforth’s boards were the strongest sellers in its Gold Reissue Series.
Danforth has his own board company, American Nomad, where boards cost upwards of $95. Reissues or originals of Danforth’s signature boards can sell for hundreds or thousands of dollars, according to industry experts.
Such demand was visible during Creative Grind Fest. There, the Modern Skate & Surf tent reported strong interest in Danforth’s Hall of Fame commemorative deck, selling for $119, and his Madrid Misfit reissue boards, priced at $84.
“A big percentage of people are buying these things for the collectability aspect of it,” Barber said.
For many collectors, the boards represent more than a piece of equipment, skateboarding industry expert Iain Borden said: “To some extent, people are buying back the youth that they had.
“A lot of people in their 40s, 50s, 60s who can’t skate anymore, they’ve got injuries, they’re too heavy, they’re out of practice, but they still have this relationship to skateboarding that’s been a central part of their life. Board collecting is a way of keeping up that relationship.”
‘People can relate to Bill’
Danforth’s influence isn’t measured solely by the value of his memorabilia. Those who know him often point to his impact off the board as his most lasting contribution.
Danforth has spent decades mentoring younger skaters and supporting Native American skateboarding programs and Michigan skateparks, saying it is important to “share our knowledge with everybody”.
“People love Bill because people can relate to Bill,” said Creative Grind Fest organizer Bridget Harrington Renteria. “He’s great with kids, and he’ll talk to anybody. He’s got time for everybody.”
Among those eager to meet Danforth was 9-year-old Junior Wilie, whose admiration for the skateboarding pioneer was evident. With a photo of Danforth hanging on his bedroom wall, Wilie was excited to get his skateboard signed by him and other Michigan professionals. Wilie toted his skateboard around the park, darting in and out of vendor tents with his parents to find the perfect items.
Wilie wasn’t the only one eager to attend. Miguel Lynn rode his skateboard down into the concrete bowl before accelerating back up and over the rim. Lynn, who has been skateboarding for more than 20 years, said he was excited to learn Danforth would be attending the festival.
“He’s awesome. I look up to that guy,” Lynn said. “He’s been skating for so long, being that old, being able to skate, it’s amazing.”
Vallie was among the skateboarders mentored by Danforth. What began with drawing pictures of Danforth in class as a child eventually led to years of skateboarding and traveling alongside him.
“I think the term legend gets thrown around too much,” Vallie said. “But I do think he embodies every part of what that word encompasses — not only from his skateboarding accomplishments, but bringing skateboarding back to Michigan and helping kids.”
atisch@detroitnews.com
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