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Physicians share concerns over IVF treatments pausing after Alabama court ruling

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Physicians share concerns over IVF treatments pausing after Alabama court ruling


Dr. Beth Malizia, an Alabama physician, went through 12 years of training to provide patients with fertility care. But the doctor and co-owner of Alabama Fertility says her hands are tied after the Alabama Supreme Court issued a decision that frozen embryos are considered children.

The clinic is one of three facilities in the state that have halted in vitro fertilization (IVF) treatments amid concerns that their practices could run into legal troubles.

“Patients come first. That’s what we’re taught all the way through from the time we decide to go into medicine, and this is a decision that sort of takes that away from us,” Malizia said.

“The counsel, our lab director and all the physicians at Alabama Fertility have struggled with this for many hours and some made some really, really hard phone calls over the last couple of days,” said Malizia.

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The clinic has paused all frozen embryo transfers, but will continue new patient visits, other standard fertility care, surgeries and continue care for patients currently on medications who are in the middle of a cycle, Malizia said.

Making calls to patients whose treatment the clinic paused has been “absolutely horrible” and “heart-wrenching,” she said.

Dr. Beth Malizia is interviewed by ABC News’ Elizabeth Schulze.

ABC News

In the ruling, the court said it would open door to civil and potentially criminal lawsuits over the mishandling of embryos. Physicians like Malizia say they are now fearful they could face wrongful death lawsuits — or potentially criminal charges — for discarding unused embryos, a routine part of IVF, or unintentionally mishandling embryos.

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The ruling came as part of a lawsuit filed by couples whose embryos were destroyed after a patient wandered into a fertility clinic and dropped them. The couples tried to file a wrongful death suit, but a lower court had thrown out the case. The state Supreme Court then reversed that decision and set a new precedent that embryos are children.

In a concurring opinion, Alabama Chief Justice Tom Parker – who has a long record of issuing anti-abortion opinions – cited Scripture, writing that “human life cannot be wrongfully destroyed without incurring the wrath of a holy God.”

Among the three fertility providers that suspended IVF treatment is the state’s largest healthcare system, UAB Hospital. Four remaining providers have not suspended IVF treatment.

“We are in a position where we just don’t know what the legal ramifications are of an embryo that gets thawed. Embryos don’t always survive [transfer],” Malizia said.

Signs of more clarity began to surface on Friday, after a week of pushback on the ruling from families trying to conceive through IVF and an outpouring of criticism, particularly from Democrats and moderate Republicans.

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PHOTO: Alabama Fertility, an IVF clinic, is shown in Birmingham, Alabama, on Feb. 23, 2024.

Alabama Fertility, an IVF clinic, is shown in Birmingham, Alabama, on Feb. 23, 2024.

Dustin Chambers/Reuters

Alabama Attorney General Steve Marshall, the state’s top law enforcement official, said he has no intention of “using the recent Alabama Supreme Court decision as a basis for prosecuting IVF families or providers,” the office’s Chief Counsel Katherin Robertson said in a statement Friday.

Alabama Governor Kay Ivey also said Friday that she’s “working on a solution” with Republican colleagues in the House and Senate to pass legislation that would guard IVF treatments in the state.

“Following the ruling from the Alabama Supreme Court, I said that in our state, we work to foster a culture of life. This certainly includes some couples hoping and praying to be parents who utilize IVF,” Governor Kay Ivey said in a statement to ABC News.

But the legal ruling has shown the fragility of IVF treatment in a post-Roe vs. Wade America, where the debate over when life begins has led many abortion rights advocates to speculate that IVF could become collateral damage.

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Some physicians could be deterred from working in fertility in Alabama, said Sean Tipton, chief advocacy and policy officer at the American Society for Reproductive Medicine.

Tipon said physicians in the state are scared. “They are also angry, which is understandable, and they are also tremendously sad for their patients, in part because they don’t know what to tell their patients,” said Tipton.

“Just imagine being a physician who you’ve built your career on being able to help these people have babies, and you spend a lot of time reassuring, explaining, helping them understand and feel better about the process they’re going through — and now you can offer none of that,” Tipton said of physicians.

PHOTO: In this Dec. 20. 2017, file photo, nitrogen tanks holding tens of thousands of frozen embryos and eggs sit in the embryology lab at New Hope Fertility Center in New York.

In this Dec. 20. 2017, file photo, nitrogen tanks holding tens of thousands of frozen embryos and eggs sit in the embryology lab at New Hope Fertility Center in New York.

The Washington Post via Getty Images, FILE

The fallout from the court ruling could spread beyond IVF treatment, Tipton said.

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“I think the first impact with physicians is going to be young physicians choosing not to go there for their training. [And] University of Alabama Birmingham is one of the top public medical schools in the country,” Tipton said.

Tipton said the decision and risk of being sued could also discourage other medical workers, including nurses, from working in fertility clinics in the state; they would likely consider working in other specialties or even leaving the state.

Tipton heavily criticized the decision and its consequences.

“It absolutely makes no sense that people who loudly proclaim themselves to be ‘pro-life’ somehow oppose the use of what is the most ‘pro-life’ medical procedure there is out there. The only thing that in vitro fertilization does is help people have children,” Tipton said.

Patients struggle with news IVF has been paused

Patients interviewed by ABC News shared their heartbreak and concerns over not being able to continue their IVF treatments. For fertility patients in Alabama looking to start or expand their families, the past week has brought a lot of sudden changes to the carefully laid plans often required by the IVF process.

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Gabbie Price, 26, and her husband have been financially planning to begin IVF for over a year, downsizing from a house to a camper van to cut costs and getting a new job because of the fertility benefits.

But their plan to start treatment in March has been halted by the ruling. Price said they’re now exploring options out-of-state because even if they found a clinic in Alabama to handle her care, she would be concerned about the potential liabilities.

“I’m terrified to have embryos here,” Price said at her home in Leeds, Alabama.

“I don’t know what that’s gonna look like, I don’t know what sort of rights we’re going to have over the embryos that we create,” she said.

PHOTO: Alabama IVP patient Gabby Price is interviewed by ABC News' Elizabeth Schulze.

Alabama IVP patient Gabby Price is interviewed by ABC News’ Elizabeth Schulze.

ABC News

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Tucker Legerski and his wife, who live in nearby Tuscaloosa, Alabama, have been trying to have children since they got married in 2021. They began IVF about a year ago.

Their first embryo transfer ended with a miscarriage at eight weeks.

They were planning their second embryo transfer for some time in April, but the court decision upended their plans.

“Those embryos are our best hope for making kids right now. So that’s what hurts the most, I think,” Legerski said.

“If we aren’t able to use those embryos, then we have a much lower chance of having children,” Legerski said.

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Angela Granger, 41, a Georgia resident who traveled to Alabama for IVF treatment to conceive her son, told ABC News she turned to the procedure after an ectopic pregnancy almost cost her one of her fallopian tubes.

Granger, who delivered her son in May 2021, and has been hoping to add another child to her family, decided after the state Supreme Court ruling that she wouldn’t pursue IVF in Alabama. While encouraged by lawmakers who say they will take action to protect the procedure, Granger said she needs to see legislation “in writing” before she is comfortable enough to undergo treatment or even store embryos there.

On Thursday, she was offered a job nearly 2,000 miles west, in Las Vegas, Nevada. She accepted.

“A big part of that is to get out of the south. If I wanted to really push and wait, I’m sure I could find a job down here. But this is just too much. I take it as a sign,” Granger said.



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8 Of The Quietest Alabama Towns

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8 Of The Quietest Alabama Towns


Alabama is one of the premier places to find a quiet stop, as many small towns offer calm, peaceful communities, such as Mentone and Magnolia Springs. Yet, in these towns, there are still plenty of things to do and a rich history to appreciate. For instance, fans of authors Harper Lee and Truman Capote will delight in the literary offerings found in Monroeville. Whether it’s dining on the delicious seafood of Bayou La Batre or taking in the gorgeous white sand beaches of Orange Beach, you won’t regret slowing down or spending the night in these eight quietest Alabama towns.

Bayou La Batre

Shrimp boats are pictured in Bayou La Batre, Alabama.

Resting along the Mississippi Sound on the northern Gulf Coast is Bayou La Batre. Widely recognized as a fishing village, the town has also earned its name as the Seafood Capital of Alabama due to the large number of annual events celebrating fishing, along with many restaurants serving delicious seafood. The Blessing of the Fleet is their largest event (held on the 2nd and 3rd of May) that draws crowds from all over to enjoy good seafood and good company. Today, these events have expanded to offer Vietnamese Cuisine, a Gumbo Cook-off, an Arts & Crafts Show, a decorated boat show, and so much more. If you miss the event, not to worry. Places like Catalina Bayou are always ready to serve up delicious, local seafood.

With the town being a fishing town, naturally, there are plenty of places to fish. Sitting on the edge of the Gulf of Mexico (Gulf of America), visitors have ample opportunity to catch their own fish, with the waters being the perfect backdrop. Alternatively, packing a lighter lunch or a picnic would be perfect to have while spending some time at Rolston Park. The park features a playground for kids, along with a covered gazebo with picnic benches. The winding sidewalks throughout the park offer a beautiful view of the Gulf of Mexico for a post-meal leisurely activity.

Guntersville

Summer scene at Lake Guntersville, Alabama.
Summer scene at Lake Guntersville, Alabama.

Considered in 2022 to be one of the South’s Best Lake Towns, Guntersville is widely known for easy lake living, miles of shoreline, and a place to find plenty of peace and quiet. Lake Guntersville State Park is a testament to that, offering 6,000 acres of natural woodlands and 36 miles of hiking and biking trails. In addition to being surrounded by the state’s largest lake, there are ample water activities, like kayaking through Hambrick Bat Cave. From May to October, thousands of bats emerge from the cave at night, and a good local pastime is to kayak or boat nearby to watch the bats go out into the night to hunt. And after spending a day on the water and exploring the sights, head over to the Old Town Stock House for a delectable treat. With the two primary chefs studying out of state, chefs Crystal McKone and Tom Colicchio returned to Guntersville to helm this upscale Southern American restaurant, serving seasonal dishes with the freshest catches and adding a Southern twist to fine-dining staples.

Greenville

An old movie theater on the main street in Greenville, Alabama.
An old movie theater on the main street in Greenville, Alabama. Image credit Sabrina Janelle Gordon via Shutterstock

For travelers curious about why Alabama’s state flower is the camellia, the residents of Greenville are responsible for that. Setting that bit of history aside, Greenville, like the camellia, has a lot of beauty for those willing to seek it out. For starters, the golf courses at the RTJ Golf Trail at Cambrian Ridge are a mixture of challenge and stunning scenery. So much so that several award-winning players and widely known golfing events are held there. In the evening, that Greenville beauty is captured in places like the Ritz Theatre, where pageants, concerts, and theater productions are held in those halls as they were during the 1950s and 1960s. And some of that beauty even passes to the local restaurants in Greenville, such as Bates House of Turkey. As one might suspect, the restaurant takes several creative liberties with serving many turkey-themed dishes like turkey sandwiches, turkey soup, and even turkey casserole. All of this is sustained by the Bates Turkey Farm, which, since 1923, still raises free-range turkeys and markets the various products locally and through an online catalogue.

Magnolia Springs

Street scene in Magnolia Springs, Alabama.
Street scene in Magnolia Springs, Alabama.

For those who love the Alabama beaches, the name Magnolia Springs might be familiar, as the town has served as a gateway to those coasts. Choosing to stop here over the beaches, however, rewards you with a beauty and peace unlike any other, so long as you plan for it. The heart of Magnolia Springs is its Victorian Bed and Breakfast, which offers nothing less than a taste of Victorian-era elegance for those who choose to stay there. With only five rooms available, it’s best to book in advance. In addition, one of the most iconic places to dine is the renowned Jesse’s Restaurant, where they serve Gulf-fresh seafood and other delectable dishes that you’ll want to reserve in advance. Setting those aside, Magnolia Springs offers plenty of scenic beauty through its handful of quick, easy trails, such as Magnolia Landing. As brief as they may be, the beauty of it all demands you slow down and take in the natural beauty of it all.

Mentone

Sunrise over DeSoto Falls near Mentone, Alabama.
Sunrise over DeSoto Falls near Mentone, Alabama.

Nestled within the woodlands of Lookout Mountain, you’ll eventually find yourself in Mentone. Perched on the highest point in the state, Mentone offers gorgeous views and is so remote that only a little over 300 people call it home. Nevertheless, it’s home to a surprising amount of tourist attractions and ways to unwind, such as the Cloudmont Ski and Golf Resort. The resort is uniquely positioned because it’s the only ski resort in the entire state; however, it’s diverse enough to serve as a golf course during warmer weather, too. The aforementioned Lookout Mountain is also great to explore, with scenic mountain-top views alongside a 104-foot waterfall. For full relaxation, regular yoga sessions are offered at DeSoto State Park and St. Joseph’s on-the-Mountain Episcopal Church for a nominal charge.

Monroeville

The
The “A Celebration of Reading Sculpture” by Branko Medencia in Monroeville, Alabama. Image credit VioletSkyAdventures via Shutterstock

For those with a deep love of literary history, Monroeville shouldn’t be overlooked, as it was home to two iconic literary legends: Truman Capote and Harper Lee. Both childhood friends, the two ended up writing the iconic novels In Cold Blood (by Truman Capote) and To Kill a Mockingbird (by Harper Lee). That being said, Lee’s book and her memory are more often displayed through a variety of museums and monuments throughout town.

The Old Courthouse Museum offers an opportunity to be sucked into Lee’s world, as its design inspired the courtroom in the novel. In a similar line, the Old Monroe County Bank Building served as the home of A.C. Lee’s law office, where Harper Lee wrote portions of her book.

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Even though she drew inspiration from those places, her work continues to inspire others around town, as visitors can see to this day. The history of Lee can be found in parks like Lyle Salter Park, a downtown area serving as a marker about Monroeville as well as murals depicting various scenes from Lee’s book. This is in addition to the To Kill a Mockingbird Play, which runs from late March to early May on weekends.

Orange Beach

Perdido Pass, Orange Beach, Alabama.
Perdido Pass, Orange Beach, Alabama.

While there are plenty of beach shores to explore in Alabama, one of the best and quietest ones to explore is that of Orange Beach. Unlike the name, the beaches have nothing but white sand and turquoise blue waters at their Gulf Shores. Exploring the town is also highly rewarding, as there is a nearby Waterfront Park with paved walking paths, a kids’ park with slides, shade structures, climbing areas, and a fishing pier, as well as a few restrooms and several picnic shelters.

History enthusiasts can also enjoy the area as well, with the Orange Beach Indian and Sea Museum being a place to delve deep into Native American culture. And after you’re done exploring, head over to The Wharf for a wide array of shopping and dining options.

Dauphin Island

Dauphin Island, Alabama.
Dauphin Island, Alabama. Editorial Photo Credit: Carmen K. Sisson via Shutterstock.

One of the five Mississippi-Alabama barrier islands, Dauphin Island is only 15 miles long from east to west but offers an island retreat unlike any other. Out of all the fishing areas, Dauphin Island is by far the most secluded, with the waters free to explore for fishing, kayaking or paddleboarding with Blue Heron Kayaks & Stand Up Paddleboards. Another popular spot to explore on dry land is the Audubon Bird Sanctuary, a 164-acre plot with walking trails through pines, live oaks, magnolias, and swamps and home to egrets and herons for viewing. For a quick bite, a stop at BGH Cafe is an option. The cafe specializes in Paninis, Po-Boys and Wraps with old-school soft-serve ice cream and malts. Conveniently located right at the Ferry Boat Landing, it’s hard to miss this quaint take-out restaurant.

From the secluded areas of Dauphin Island to the mountain village of Mentone, Alabama has diversity in its quiet spots if travelers are willing to take some back roads to get to them. Nevertheless, those adventures are rewarded with a remarkable dining experience at Magnolia Springs or with the beautiful, calm waters of Guntersville. Combined with locals welcoming you with that infamous southern hospitality, you will want to check out all the Yellowhammer State has to offer before too long.



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No. 5 Alabama Gymnastics Misses Out on Nationals for First Time since 2023

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No. 5 Alabama Gymnastics Misses Out on Nationals for First Time since 2023


Alabama gymnastics was one of the top-five teams in the nation all season, but it will not be one of the last eight teams competing for a chance at a national title.

The No. 5 Crimson Tide finished in last place at the Corvallis Regional Final with a score of 197.175, its second-lowest of the season. No. 4 UCLA (197.725) and No. 13 Minnesota (197.625) will be advancing to nationals in Fort Worth while No. 12 Utah’s (197.500) season ended Sunday night alongside Alabama’s.

“I’m really proud of our team tonight,” Alabama head coach Ashley Johnston said after the meet. “This was pretty much the toughest regional in the country to be at. This team has been No. 3 and 4 in the country pretty much all season long, one of the most consistent teams, 197+ in every competition this year. I think every single person that has watched this group sees the culture, sees the camaraderie, the connection of what we have built to be one of the most consistent teams, and so it was a great competition tonight. I think all four teams could be national champions. There’s just so much talent, so much competitiveness on the floor, and unfortunately it wasn’t our night to move on tonight. These moments are really hard, but at the same time, it’s really important to bring the team together and say, what can we do, and what will we do? The sun is gonna come up tomorrow. There will be lessons learned. There will be fires ignited to find our next step.”

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This is the first time Alabama’s season has ended in the regional round since 2023. The Crimson Tide has not made it to the final night of NCAA competition since 2017.

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In what has been a theme for the Crimson Tide the last five meets, there were no major mistakes that caused the team to completely fall apart, but all the little mistakes added up to too many deductions with things like hops on landings, bad form on leaps or balance checks.

Alabama was in last place heading into the final rotation, trailing the second-place spot by three tenths. The top-two teams advance to nationals. It was a sizable deficit, but the Crimson Tide was heading to its best event on the uneven bars. Alabama was putting together a strong bars rotation, but unfortunately for the Crimson Tide, the teams ahead of it in the standings were putting up good scores as well.

The Tide needed near perfection from Chloe LaCoursiere and Azaraya Ra-Akbar, who are ranked No. 1 and No. 2 respectively on the event. LaCoursiere had not scored below a 9.875 on the bars all season but stumbled forward on her dismount, effectively ending any hopes Alabama had for a comeback.

“We wanted to end on one of our highest-scoring potential events, which was bars,” Johnston said. “I think starting on beam, starting fierce and aggressive, was the right move for our team. I think they were really excited coming off that event. I think finishing on bars, they finished really strong, too. There was a lot of stuck landings, a lot of hit handstands. It was hard to push over that 9.9 threshold for whatever reason, but I thought from a performance standpoint, they really gave it everything and put on some great performances.”

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Alabama opened up the meet with a 49.325 on the balance beam, which was a big improvement from the opening round of regionals on Friday and seemed to have some positive momentum heading into floor exercise.

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The Crimson Tide needed a big score on floor exercise to have some cushion heading into the back half of the meet, probbaly in the 49.500+ range. Alabama was ranked No. 2 in the nation on floor and had the capability of putting up a high score. Instead, there were some tiny mistakes throughout on leaps and landings that led to a team score of 49.350, tying the lowest score of the season on the apparatus.

Alabama was in third place heading into the third rotation on vault, but it was only trailing second place by .075. Vault has been the Tide’s toughest rotation all season, but it was an opportunity on Sunday to gain some ground. Freshman Jasmine Cawley started the rotation out with a bang and stuck landing on her Yurchenko 1.5. But Jamison Sears fell in the second spot, and other gymnasts had some big hops. Kylee Kvamme was a last-minute insert and stuck her Yurchenko 1.5, earning a 9.925, which was Alabama’s only score above a 9.9 all meet.

A once promising season ends in disappointment for the Crimson Tide. Alabama was so consistent and steady all year long, but its scores slowly declined the last few weeks of the season in Year 4 under Johnston. The Crimson Tide’s season reached its peak in mid-February with back-to-back 197.950s, and Alabama never came close to that score again.

No one from Alabama qualified as an individual to compete at nationals for an individual title. This marks the end of the collegiate careers of outstanding four-year contributor and individual SEC champion Gabby Gladieux along with Corinne Bunagan, Karis German, Jordyn Paradise, Natalia Pawlak and Rachel Rybicki.

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“I’m just so proud of our seniors,” Johnston said. “They will go down in history as leaders of a culture transformation, of building what Bama Gymnastics 3.0 is all about… I think every single one of them should hold their chin up and be proud of what they accomplished all year long. We’ll keep fighting as Bama always does.”

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Alabama State Parks adds glamping tents at Oak Mountain amid growing demand for comfortable outdoor stays

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Alabama State Parks adds glamping tents at Oak Mountain amid growing demand for comfortable outdoor stays


Alabama State Parks has added new glamping tents at Oak Mountain State Park, part of an expansion officials say is driven by increasing demand for more comfortable outdoor stays.

The addition in Pelham marks the latest expansion of glamping offerings across the state park system, with the experience now available at six locations statewide.

Alabama Department of Conservation and Natural Resources Commissioner Chris Blankenship said the growing popularity of glamping has prompted the expansion.

“It’s exciting to expand the glamping opportunities at our state parks,” Blankenship said. “Glamping has become increasingly popular in the last few years, and we’ve seen how much our visitors have embraced it. Being able to offer glamping at Oak Mountain allows more people to stay, play and explore everything the park has to offer.”

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The tents are designed to offer a more comfortable outdoor experience, with amenities including beds, electricity and climate control, while still providing access to traditional camping activities such as hiking, campfires and outdoor recreation.

The expansion builds on a partnership with Timberline Glamping that began in 2023. In addition to Oak Mountain State Park, glamping sites are available at Wind Creek, Lake Guntersville, Chewacla, Monte Sano and Cheaha state parks.

Sarah Johnson, who operates the Timberline franchise at Oak Mountain State Park with her husband, Jeff, said the sites are designed to balance comfort with the park’s natural setting.

“Opening these six new sites at Oak Mountain State Park allows us to bring a new level of comfort and accessibility to the outdoor experience while preserving the beauty that makes this park so special,” Johnson said. “We’ve thoughtfully designed each glamping tent so families, couples and groups can disconnect from the noise of everyday life and reconnect with nature — and with each other. We’re proud to expand our footprint here and create memorable stays that inspire guests to return again and again.”

State parks officials said the addition is part of a broader effort to expand overnight accommodations and enhance visitor experiences across Alabama’s park system.

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“Our goal is for our guests to enjoy a memorable stay and want to come back again,” Alabama State Parks Director Matthew Capps said. “There’s no doubt that the glamping tents accomplish that goal. People truly enjoy the glamping tents, and we’re pleased that we can expand this offering at Oak Mountain.”

Alabama State Parks operates 21 parks encompassing more than 50,000 acres statewide, offering a range of lodging options from primitive campsites to cabins and resort-style accommodations.

Sherri Blevins is a staff writer for Yellowhammer News. You may contact her at [email protected].



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