Illinois appellate court upholds zoning challenge to Rockford abortion clinic

ROCKFORD, Ill. (WTVO) — An Illinois appeals court has upheld a legal challenge to the presence of an abortion clinic in a Rockford neighborhood, which contends it is operating without a legal permit.

The Rockford Family Planning Center opened on the site of a former chiropractor’s clinic at 611 Auburn Street in January 2023.

After Gov. JB Pritzker declared Illinois a pro-choice state and passed laws codifying abortion access, patients from neighboring states have come to Illinois for the procedure.

The clinic, the city’s first in over a decade, is operated by Wisconsin-based Dr. Dennis Christensen. The clinic does not perform surgical abortions, but staff can prescribe medication that can induce an abortion.

In 2020, neighbors brought a lawsuit to Winnebago County Court, arguing that the clinic, located in a residential neighborhood, was not properly zoned for the practice.

The suit, brought by Shawn and Lisa Rylatt, Janet Savaiano and Amie Lotzer, was dismissed in 2022, paving the way for the clinic to open.

But now, the Illinois 4th District Appellate Court has overturned that decision, finding that the Rockford Zoning Board of Appeals made an error in issuing a special use permit.

The court found that a special use permit was initially granted to Dr. Sam Chin in 1981 to operate a chiropractic clinic out of his home as a home business, which required the homeowner to be a permanent resident. That permit was an extension of one granted to a Dr. Daub, who operated a chiropractic clinic in the same location years prior.

According to the court findings, Christensen was granted use of the property by inheriting the special use permit.

However, the justices found that the permit expired in 1982 and “There is no documentation showing Dr. Chin renewed his permit for any of the years spanning from 1982 to 2020.”

In addition, the court said there was no physical copy of the permit to be found or the provisions it granted.

Chin renewed his permit in 2022 before selling the property to Christensen.

The 1982 special use permit also required that a “permanent resident of the home be employed in the conduct of a home business,” and the lawsuit argued that the city gave Christensen the ability to run the clinic as a home business, even though he did not live there.

Christensen then employed Meg Larkin as a nurse and administrator, who would live at the business and oversee it. He would still own the property, which the lawsuit argued violated the ordinance.

The missing renewals and the adherence to the home business ordinance should have granted the Rylatts the legal standing for their lawsuit to move forward, the appellate court ruled, on the basis the practice has changed the atmosphere of their neighborhood.

“Looking at the whole record and considering the ‘entire evidence,’ we are left with the ‘definite and firm’ conviction the Board committed a mistake in affirming [Rockford Zoning Officer Scott] Capovilla’s zoning determination,” the decision reads.

While ruling in favor of the Rylatts, the justices did conclude that the anti-abortion group Rockford Family Initiative did not have legal standing to challenge the court.

The City of Rockford responded to the ruling, saying, “We’re aware of the appellate court’s opinion, which confirmed that Kevin Rilott and the [anti-abortion group] Rockford Family Initiative, as well as others, did not have standing to challenge the zoning determination for the women’s health clinic on Auburn Street. We are also aware the opinion stated that Shawn and Lisa Rylatt, who live in close proximity to the clinic, do have the necessary standing. The result is that the business owner will now have the opportunity to request a Zoning Board of Appeals hearing. Consistent with the appellate court’s opinion, the clinic can remain open pending the outcome of the public hearing.”

The Rockford Family Initiative claimed victory in the verdict, with Rilott, who serves as president, saying, “The Rockford Family Planning Center at 611 Auburn St, is currently operating without proper permits, and it is the city of Rockford’s responsibility to close them down immediately.”

In a statement, Rilott added, “The abortion mill can go to the city and ask for a permit.  This will be difficult because this abortion mill has brought more than one case of abortion supporters acting violently to this neighborhood, dozens of calls to the police, noise ordinance violations, angry and disgruntled neighbors because all of the disturbance cause by the abortion mill.  In short, if the city gives a permit in a residential neighborhood to a divisive business that has proven to be disruptive to the peace and welfare of this neighborhood then the city can be sued if they ever deny a business use permit to any business that would like to open in any residential neighborhood.”

Christensen’s Midwest Reproductive Health operates a second abortion clinic in the city, at 4236 Maray Drive.