The Brief

A Washington D.C.-based health care clinic that performs abortions has filed a lawsuit against Beverly Hills, accusing city officials of colluding with a landlord to prevent them from opening a location there.

Beverly Hills Mayor Julian Gold, City Manager Nancy Hunt-Coffey, Deputy City Manager Keith Sterling, City Attorney Laurence Wiener and Chief of Police Mark Stainbrook are all named in the lawsuit filed last week by DuPont Clinic.

The clinic was set to open on Wilshire Boulevard in Beverly Hills and had signed a lease with Douglas Emmett Inc. But the lawsuit alleges the city and the landlord colluded to rescind the lease after caving to pressure from anti-abortion protesters, despite “the right to abortion enshrined in the California Constitution.”

In a statement, the city said the decision to rescind the lease agreement wasn't theirs.

"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 statement added. "The decision to rescind DuPont Clinic’s lease was not made by the City of Beverly Hills."

In September 2022, the lawsuit states that DuPont entered into a lease agreement with Douglas Emmett, and a month later began discussions with the city about the clinic.

“The City expressly confirmed to DuPont that the City approved of DuPont's intended use of the Premises, and DuPont began planning the construction of its clinic,” the lawsuit states.

According to Jessica Corpuz, an attorney for DuPont Clinic, the city and landlord were aware of the services the clinic planned to provide.

However, Corpuz added, everything changed when a group of anti-abortion protesters got wind of the intended use of the clinic.

“That's really when the city got involved to an extent that they had not been prior,” she said.

First, the lawsuit alleges, the city held up permits.

Wiener, the city attorney, then asked the clinic to sign a letter stating that they will not violate any California laws, according to the lawsuit.

“That is not something that is required of any other medical practice, that would not have been a request if DuPont Clinic was opening a dentist practice,” Corpuz said. “He was doing this specifically because they're an abortion provider.”

Eventually, Corpuz said, the city “begrudgingly” issued the permits.

But Corpuz said police then sent a letter the landlord warning that the clinic would attract violence and vandalism and the safety, putting the security of other tenants at risk.

“Once the chief of police sent that letter, Douglas Emmett clearly felt that it had no option and that it bowed to the pressure of the city and it sent a letter to DuPont quote-unquote rescinding the lease,” she said.

A representative for Douglas Emmett said the company "has a well-established policy of refraining from discussing leasing matters with external entities. We will respond following the legal framework."

The lawsuit also outlines meetings city officials allegedly had with anti-abortion protesters.

The city, Corpuz added, told the protesters that the clinic would not open and that the landlord rescinded the lease — information she said was shared on the eve of a big protest.

DuPont Clinic also filed a lawsuit against the landlord in August, in part, citing a letter it received from Douglas Emmett attorneys who said part of the reason for rescinding the lease offer was due to the discovery that the clinic would be providing “late term abortions” and attract potentially unsafe conditions.

“DuPont Clinic provides an absolutely critical service,” Corpuz said. “These are people who often can't get treatment elsewhere. These are people who need critical life-saving care, and DuPont Clinic planned to open here in order to provide that.”

Following the Dobbs decision and the reversal of Roe v. Wade, California emerged as a haven for abortion rights. Gov. Gavin Newsom signed laws protecting pregnant people’s rights to an abortion, even requiring insurance companies to cover the procedure. Protections were also enshrined in the state constitution.

At the time of the Dobbs decision, Beverly Hills also lit up City Hall in pink and council members unanimously supported a resolution in favor of abortion rights.

“Beverly Hills really advertised itself as a place that was safe for abortion care. And Douglas Emmett, the landlord, was fully supportive of this mission,” Corpuz said. “Everyone says these things, but when it came down to actually supporting an abortion clinic, the city tripped over itself instead of supporting this clinic.”