BIRMINGHAM, Ala. (WIAT) -- A lawsuit against a Birmingham abortion clinic is moving forward, despite efforts by the defense to drop it.
The Alabama Department of Public Health claims "New Woman, All Women Health Care" was performing abortions illegally.
Attorney Howard Miles filed a motion to dismiss the lawsuit, saying his client Diane Derzis, owner of All Women's Inc., is not affiliated with what goes on at the clinic anymore. After 30 minutes inside Judge Boohaker's chambers, Miles withdrew his motion to drop the lawsuit.
"We'll let it go through the normal process," Miles says, "We'll be back on August ninth."
Dana Cody, director of the Life Legal Defense Foundation says the judge must not have seen strong enough evidence that Derzis has nothing to do with the clinic anymore.
"Why would her cars be there if she's no longer affiliated with the clinic," Cody asks, "It's her equipment, it's her old office, did things get moved out, did things get put back in? Those are the kinds of things they'll be able to find out during discovery."
The name, New Woman All Women, has been taken off the building, but the website for New Woman All Women's clinic lists the prices for abortions performed at this address, along with other services like yearly check-ups and pregnancy tests.
Volunteers with the pro-life group 40 Days for Life say it's important whether or not Derzis is running the clinic. They say under her leadership, women are not safe.
"Two women were carried out the side door," Kim Philpot says, "There wasn't a way to get a stretcher in to help these women, and I just want to make sure this place stays closed because it hurts women."
Derzis and her attorney declined to comment on these allegations. Both sides will appear before Judge Boohaker once again August 9th.
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