The new Planned Parenthood facility in Kissimmee has been barred from performing its most controversial of services -- medical procedures.
A judge granted an injunction against Planned Parenthood of Greater Orlando Wednesday.
MMB Properties, a diagnostic facility in the same medical park as the new Planned Parenthood center, is the plaintiff in the case.
MMB said Planned Parenthood is planning to perform surgeries and diagnostics which are not allowed in the medical park without permission according to the park's Declaration of Restrictions.
This includes Planned Parenthood's plans to begin performing abortions in August, and also plans to offer diagnostics like Ultrasounds and Mammograms.
MMB said Planned Parenthood was aware of the Declaration of Restrictions prior to buying the property.
"Our client is very pleased with today's ruling," said attorney Derek J. Angell of O'Connor & O'Conner, who represents MMB Properties.
"We believe the court properly enforced the restrictive convenants that prohibit outpatient surgical centers at the medical park. Our client looks forward to returning to the peaceable practice of medicine," Angell said.
Planned Parenthood's CEO tried to argue that surgical abortions are not "surgical" procedures because they do not involve incisions.
The judge ruled Planned Parenthood should have tried to remove the deed restriction before buying the property.
"PLANNED purchased the PLANNED property with knowledge of the restrictions and proceeded at its own peril."
Planned Parenthood CEO Jenna Tosh issued the following statement:
"We are disappointed in today's ruling and plan to appeal. Planned Parenthood will continue providing essential reproductive health services at our new Kissimmee Health Center, and we will continue to do everything we can to protect women's access to care."
Planned Parenthood has not announced when they plan to file the appeal.
Testifying doctor among those who fought facility
If you take a look at the walls in Dr. Jose Fernandez family practice, you can’t help but notice pictures of all the babies he has delivered over the past 14 years.
“I think this is a win for life,” Fernandez said.
Fernandez was one of two doctors who testified on behalf of MMB Properties in court.
Fernandez said the ruling is not only a win for him personally but also the dozens of other concerned doctors and community members he has been meeting with once a week with for the past several months.
“I would say that there is probably a group of of between 50 and 100 doctors… It’s not a small collection of people," Fernandez said. "I think it’s a community. I think the community is rallying behind us and wants to see that this facility nor one like it will ever open in Osceola County.”
Planned Parenthood opened its Kissimmee facility in May, despite protests and even petitions presented to the Osceola County Commission. Commisioners said there was nothing they could do to stop the facility from moving into Oak Commons.