The city of Beverly Hills has issued a statement regarding the lawsuit filed Oct. 5 by DuPont Clinic, PC, a California professional corporation (“DuPont”) regarding the opening of their reproductive health services clinic at 8920 Wilshire Blvd. in Beverly Hills.
As stated in the story the Courier broke in its Oct. 6 issue, DuPont alleges that its plans to open a clinic in Beverly Hills were thwarted in part, due to actions of the city and various city officials. The lawsuit names the city, as well as Mayor Dr. Julian Gold, City Manager Nancy Hunt-Coffey, Deputy City Manager Keith Sterling, City Attorney Laurence Weiner and Chief of Police Mark Stainbrook as defendants. It seeks compensatory and punitive damages for inducing breach of contract, interference with contractual and economic relations and misrepresentation, among other causes of action.
The city was unable to provide a comment regarding the lawsuit before the Courier’s Oct. 6 issue went to press. The following is a statement released by the city on Oct. 11:
“For any business that wishes to locate in Beverly Hills, the city’s role is to process permits in a timely manner. The city is already home to medical offices that offer reproductive health services and has been very clear on its position of strongly supporting a person’s right to choose. The decision to rescind DuPont Clinic’s lease was not made by the city of Beverly Hills.
In December 2022, the Federal Bureau of Investigation (FBI) emailed the Beverly Hills Police Department (BHPD) to make an introduction to representatives from the DuPont Clinic.
On January 31, 2023, DuPont Clinic emailed BHPD to make an introduction to representatives from the National Abortion Federation, the professional association of abortion providers, to discuss security.
The DuPont Clinic then filed a building permit application with the city in February 2023.
On April 18, 2023, abortion opponents attended the Beverly Hills City Council meeting to express their opposition to DuPont Clinic’s upcoming opening in Beverly Hills.
In late April 2023, Beverly Hills City Attorney Larry Wiener reviewed language on DuPont’s website that was potentially in conflict with California abortion law. Additionally, there were outstanding permit issues concerning medical gas and asbestos abatement certification at the site. City Attorney Wiener was first contacted by DuPont’s attorney on April 24 and the permits were available for issuance on April 28. Written confirmation that the clinic would comply with California abortion law was requested, but not a condition of the building permit or any other approval.
With the clinic expected to open in fall 2023, city and BHPD officials met on several occasions between April and June with building landlord Douglas Emmett and then with both Douglas Emmett and DuPont Clinic on May 31 to discuss ongoing security plans. There was a walkthrough of the premises on June 5 with the FBI, BHPD, Douglas Emmett and Dr. Jennefer Russo of the DuPont Clinic.
The National Abortion Federation provided regular updates to BHPD regarding online posts by abortion opponents about the Wilshire site and DuPont representatives. BHPD also held discussions with neighboring law enforcement agencies that were experienced with demonstrations at reproductive clinics, including the Santa Monica Police Department.
As a result of this information, BHPD drafted a public safety notice in May to tenants of the building regarding expected activities and best practices. The draft letter was shared with DuPont Clinic and Douglas Emmett prior to the planned dissemination and DuPont Clinic provided suggested additions.
On June 12 the attorney for landlord Douglas Emmett indicated in a letter to DuPont Clinic, and shared with the city, that the lease with DuPont was being rescinded. The letter stated, “Neither the Tenant nor its broker, Circa Properties, Inc., disclosed that the primary focus of Tenant’s practice would be providing abortions for abnormal and high-risk pregnancies including what are commonly referred to as late term abortions. More importantly, neither Tenant nor its broker disclosed the fact that Tenant’s clinic in Washington D.C. had been the focus of ongoing protests and disturbances of a nature which are likely to interfere with the use and enjoyment of other tenant’s premises in this Building.” The letter further stated, “In fact, the actual scope of the Tenant’s undertaking only came to Landlord’s attention recently when the city of Beverly Hills (the “city”) notified Landlord that it intended to send a letter to other tenants in the Building.”
Due to the lease being rescinded, the public safety notice to tenants was never finalized or disseminated.
At the July 18 Beverly Hills City Council meeting, Tim Clement, a representative of ‘Survivors of the Abortion Holocaust,’ requested a meeting with Beverly Hills Mayor Dr. Julian Gold regarding the opening of the clinic. During that subsequent virtual meeting on July 26, it was shared with Mr. Clement that the city was notified on June 12 that the lease had been rescinded.
As Mr. Clement and members of the ‘Survivors of the Abortion Holocaust’ intended to hold a demonstration on July 29, BHPD was in contact with Mr. Clement regarding demonstration procedures and laws to be followed. As Beverly Hills is a routine site for public demonstrations, this is common practice for BHPD to ensure public safety. At the demonstration, Mr. Clement shared publicly that the city confirmed in writing that the lease had been rescinded.
The city is currently responding to inquiries from the State Attorney General’s Office regarding the DuPont Clinic. We look forward to presenting information and responding to the allegations in the lawsuit.”
