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Shale
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    Rape Victim Arrested And Denied Contraception – Will Be Allowed To Sue

    Tony Marino
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    Rape Victim Arrested And Denied Contraception – Will Be Allowed To Sue Empty Rape Victim Arrested And Denied Contraception – Will Be Allowed To Sue

    Post by Tony Marino Wed Jun 27, 2012 10:53 am

    A Tampa woman whom we only know as R.W., was raped. She was treated by the rape crisis center, who gave her two emergency contraception pills, one to be taken immediately and one to be taken 12 hours later. When she reported the rape to the police, they uncovered an arrest warrant on R.W. for failure to pay restitution and failure to appear. After she was arrested, a Hillsborough County guard confiscated her second pill, claiming it was against her religious beliefs.

    From Courthouse News:

    R.W. says she requested her second pill the next morning, but jail employee Michele Spinelli refused. “Spinelli told the Plaintiff that she would not give R.W. the pill because it was against Spinelli’s religious beliefs,” the first amended complaint states.

    Although R.W. did not get pregnant, she sued Spinelli and Hillsborough County Sheriff David Gee for gender discrimination and violations of the right to privacy and the right to equal protection under the 14th Amendment.

    The Sheriff’s office essentially contended that Spinelli was acting as an individual, and she was not the “final policy maker,” meaning that the government office wouldn’t be accountable.

    U.S. District Judge Elizabeth Kovachevich disagreed. She found for R.W., claiming that Spinelli was the final policy maker since she was the only person on duty at the time and she hadn’t been given a directive, one way or another, by Sheriff Gee. The conclusion is that R.W. will be able to sue the Hillsborough County Sheriff’s office.

    While it is tough to draw correlations between court decisions regarding government agencies and those effecting private corporations (like pharmacies), this decision does bode well for the women who have been denied access to contraception, simply because the person standing behind a pharmacy counter doesn’t share her beliefs.

    http://www.addictinginfo.org/2012/06/26/rape-victim-arrested-and-denied-contraception-will-be-allowed-to-sue/
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    Post by CeCe Wed Jun 27, 2012 11:00 am

    Hope she wins. Church Lady should be fired.
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    Post by Shale Wed Jun 27, 2012 11:04 am

    Hillsborough is one of those embarrassing backwater Old South kinda places in Florida and I hope they pay dearly for this religious encroachment of another person's secular rights.

    Maybe they will make a formal policy for their police authorities that they do not have a right to deny other ppl rights because of their fucked up religious beliefs. Well, they can word it differently.
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    Post by Forgiveness Man Wed Jun 27, 2012 11:08 am

    First of all, taking somebody else's pill and simply deciding not to carry a product at your establishment are very different things. A pharmacy doesn't need to justify not offering contraception. Religious beliefs or not, a pharmacy has the right to not carry certain drugs or any product. I say flip it around. Just because the customer's religious beliefs differ from your doesn't mean you should be forced to give them whatever it is they want.

    Again, that's different from taking a pill that somebody has already acquired. Comparing the two things at all is like saying that taking away somebody's box of chocolates because you think it's unhealthy is the same thing is refusing to carry the product in your store. Sane people will see the difference. They shouldn't have taken away her pill just because of religious reasons, but the conclusion at the end that it's even similar to pharmacies refusing to dispense ANY product is absolutely absurd. Just because I shouldn't take your candy doesn't mean I am obligated to sell you candy at my store. It's no different with drugs. Most pharmacies, I imagine, will want to tap into the contraception industry. It's lucrative. If one pharmacy here or there wants to forego potential clients, that's their right.

    That being said, the lawsuit is laughable. She didn't get pregnant but is still suing? Case should be thrown out for being a waste of time.
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    Post by Supernova Wed Jun 27, 2012 11:10 am

    I think I saw this on SVU. I agree, hope she wins, hit 'em where it hurts.
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    Post by CeCe Wed Jun 27, 2012 11:15 am

    Forgiveness Man wrote:

    That being said, the lawsuit is laughable. She didn't get pregnant but is still suing? Case should be thrown out for being a waste of time.

    No it isn't. It's necessary because the department needs a slap hard enough to feel to ensure this won't happen again. The line was crossed here & they need to remember to stay on their side in the future.
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    Post by Forgiveness Man Wed Jun 27, 2012 11:24 am

    Necessary my foot. In terms of lines being crossed by law enforcement, this case can get in line behind the other hundreds of thousand violations greater than it.
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    Post by Supernova Wed Jun 27, 2012 11:26 am

    Forgiveness Man wrote:Necessary my foot. In terms of lines being crossed by law enforcement, this case can get in line behind the other hundreds of thousand violations greater than it.


    So says somebody who will never have to be in the same position she was.
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    Post by Forgiveness Man Wed Jun 27, 2012 11:32 am

    Supernova wrote:So says somebody who will never have to be in the same position she was.

    That is a fallacious claim. Reality isn't contingent on empathy. (And just about every active chamber member regularly judges people in situations that said chamber member will/could never be in.) The case is a garbage case. (And that's without considering what the real truth may be that's not covered by this article.) Hope she loses. People are too lawsuit happy these days.
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    Post by CeCe Wed Jun 27, 2012 11:41 am

    Forgiveness Man wrote:

    Reality isn't contingent on empathy.

    Just as justice isn't contingent upon the concept of worse things existing.
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    Post by Forgiveness Man Wed Jun 27, 2012 11:45 am

    True enough. But giving her money because she had her things confiscated when she got arrested isn't justice. lol Justice isn't on the menu in this case. It's just spite against the department, and nothing more. Most lawsuits are 100% spite. Justice hasn't been a concern of courts for a long time, and this is no exception. We want justice for this woman? Throw her rapist in jail. (And whatever she was arrested for, we can take care of that.) Giving her money isn't justice. (Although I suppose the chance of getting money will make her appear in court, while apparently her arrest warrant didn't. lol) Justice? lol Not so much.
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    Post by Nystyle709 Wed Jun 27, 2012 6:00 pm

    That's fucked up. I'd sue her ass too.
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    Post by Alan Smithee Wed Jun 27, 2012 8:16 pm

    I don't think she's got much of a case for actual damages. Punitive damages though thinking
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    Post by Supernova Wed Jun 27, 2012 8:23 pm

    Well Alan, how many lawsuits involve any ACTUAL damages?

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