Judge to Stericycle: Anti-Abortion Group's Flier Campaign Can Continue (UPDATED)

UPDATED (4:30 p.m. Monday, April 11):

LAKE FOREST, IL—A Lake County Circuit Court judge denied a Lake Forest-based medical waste disposal company's request to stop an anti-abortion group from handing out graphic leaflets locally, according to a posting on the nonprofit group's Facebook page.

The Ohio-based Created Equal began passing out fliers at the end of March throughout Lake Forest neighborhoods, accusing Stericycle of handling and disposing of aborted fetuses from Planned Parenthood, according to a press release. The fliers—also passed out in the neighborhood where Stericycle President-CEO Charles Alutto lives—included graphic photos of what the group claimed to be 15-week-old aborted fetuses.

Created Equal's executive director Mark Harrington declared the ruling a victory for the group in the Facebook posting:

"This failed attempt to bully us only confirms that Stericycle is more interested in doing the dirty work for Planned Parenthood than being a respectable medical waste company. Disposing of aborted babies for Planned Parenthood has its consequences. The campaign to expose Stericycle continues.”

Stericycle filed a lawsuit against Created Equal on March 31 seeking a temporary restraining order to derail the group's canvassing campaign, the release stated. The nonprofit, which temporarily suspended the campaign April 1, argues that such an order is a violation of its First Amendment rights.

And it was on First Amendment grounds that Lake County Associate Judge Margaret Marcouiller rejected Stericycle's request, the Chicago Tribune reports. But the judge told the company it can update and resubmit its complaint in two weeks, the report added.

Stericycle's original lawsuit also is asking for Created Equal to pay damages for canvassing the homes of Alutto and his neighbors with the graphic fliers, the Daily North Shore reports.

Although Stericycle claims the company's contracts prohibit customers from using its service to dispose of aborted fetuses, an investigation by Ohio's attorney general found that Stericycle had disposed of fetuses that were in containers from Planned Parenthood. The company, however, says it had been unaware of the containers' contents.

Patch will continue to update this story.

Original Story

LAKE FOREST, IL—An Ohio-based anti-abortion group is asking a judge Monday to dismiss a lawsuit filed against it last week forcing the nonprofit to stop its campaign of distributing graphic leaflets aimed at Stericycle and its CEO.

RELATED: Graphic Anti-Abortion Fliers Upset Some Lake Forest Residents

Created Equal began passing out fliers at the end of March throughout Lake Forest neighborhoods, accusing the medical waste disposal company of handling aborted fetuses from Planned Parenthood, according to the group's press release. The fliers—also passed out in the neighborhood where Stericycle President-CEO Charles Alutto lives—included graphic photos of what the group claimed to be 15-week-old aborted fetuses.

On March 31, Stericycle filed a lawsuit against Created Equal seeking a temporary restraining order to derail the campaign, the release stated. The nonprofit argues that such an order is a violation of its First Amendment rights.

Stericycle's suit also is asking for Created Equal to pay damages for canvassing the homes of Alutto and his neighbors with the graphic fliers, the Daily North Shore reports.

Arguments will be heard Monday morning at the Lake County Courthouse in Waukegan.

Although Stericycle claims the company's contracts prohibit customers from using its service to dispose of aborted fetuses, an investigation by Ohio's attorney general found that Stericycle had disposed of fetuses that were in containers from Planned Parenthood. The company, however, says it had been unaware of the containers' contents.

Created Equal posted the decried Stericycle's legal actions on its Facebook page:

"For three years we have been conducting this identical campaign in communities across America without even a peep from the lawyers of abortionists and/or their enablers. Stericycle's complaint boils down to this, 'We are mad at you for exposing our dirty little secret about our grisly business partnership with Planned Parenthood, so we are going to try to use the courts to bully you into silence.'

"Won't work."