SAVE a LIFE: Northern California Community Blood Bank is Critically Low on Type O+
LoCO Staff / Monday, Dec. 30, 2024 @ 9:41 a.m. / Community Services
Image via NCCBB’s Facebook page.
Press release from the Northern California Community Blood Bank:
The Northern California Community Blood Bank is in urgent need of type O+ blood donations as supplies have reached critically low levels once again. The shortage is attributed to increased local demand for O+ blood products over the Holiday Season, resulting in a strain on the available inventory.
As January is National Blood Donors Month, we encourage everyone to take this opportunity to give back to the community. Donating blood is a simple yet impactful way to help save lives.
The Northern California Community Blood Bank urges individuals with O+ blood type to donate as soon as possible to help replenish the supply and ensure that patients in need can receive life-saving care and transfusions.
To schedule a blood donation, please visit the Northern California Community Blood Bank’s website, nccbb.org, or call 707-443-8004.
BOOKED
Today: 3 felonies, 13 misdemeanors, 0 infractions
JUDGED
Humboldt County Superior Court Calendar: Today
CHP REPORTS
Us101 / Sr162 (HM office): Trfc Collision-1141 Enrt
ELSEWHERE
RHBB: Motorcycle and Vehicle Collide on Highway 101 Near Route 162; Air Ambulance Responds
RHBB: Collision Near Buhn & J Streets in Eureka
County of Humboldt Meetings: Humboldt County Workforce Development Board Executive Committee
County of Humboldt Meetings: Fish & Game Advisory Commission Agenda - Regular Meeting
Three-Year-Old Ferndale Child Dies After Being Ejected From the Back of a Flatbed Pickup
LoCO Staff / Monday, Dec. 30, 2024 @ 9:13 a.m. / News
Press release from the California Highway Patrol:
On Sunday, December 29, 2024 at approximately 8:44 AM, a 2024 Ford pickup was being driven on Centerville Road, west of Poole Road., by an adult male. The Ford was also occupied by two male juveniles [ages 5 and 3], who were unrestrained on the flat bed of the truck.
The Ford was traveling eastbound on Centerville Road, west of Poole Road. As the driver of the Ford turned left onto a private road, one of the juveniles was ejected and suffered major head trauma as a result of the fall.
The driver immediately notified emergency personnel and self-transported the injured juvenile to Redwood Memorial Hospital in Fortuna. Unfortunately, the juvenile succumbed to his injuries and was pronounced deceased by medical personnel at the hospital.
The names of all parties are currently being withheld, out of respect for the families of the involved.
The California Highway Patrol is continuing its investigation and asks for anyone that may have information related to this crash to contact the Humboldt Area CHP at 707-822-5981 or email Humboldt_Area@chp.ca.gov.
[NOTE: The incident report included with this press release indicates that the driver’s age was 56 while the juveniles’ ages were 5 and 3. The 3-year-old was identified as the fatality.]
TOP 25 STORIES of 2024: Earthquakes, Foul Weather, Campus Occupations … and Leonardo DiCaprio!
Hank Sims / Monday, Dec. 30, 2024 @ 8:02 a.m. / Housekeeping
The time has come, once again, to fire up the LoCOTron 3000 and review the year that was through the lens of The Only Metric That Matters™ — that is, traffic to the Lost Coast Outpost website. We scry the guts of the analytics to see what they say about the last 12 months … and about ourselves, the Humboldt clicking public.
What do we find? This year, like most years, was a rich stew. We like fun (Hollywood stars, ambitious songwriters) and triumph (dams blown up with explosives) and fear (police standoffs, car crashes, earthquakes) and excitement (campus occupation). We also like to exercise other parts of our brains, those generally rated higher than the amygdala. We like deep dives on local industry and infrastructure, and we care about who and what we choose to represent us, as citizens in a democracy.
We’re doing OK, Humboldt! Here’s to an even better 2025!
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25. (VIDEO) Shirtless Man Spews Racial Insults, Teen Girl Appears to Aim Gun at Onlookers During Arcata Plaza Confrontation; Three Detained After Traffic Stop
We kick off our countdown with a little bit of redneck mayhem on the Arcata Plaza. No one was hurt, or at least not seriously. The gun the teenage girl was wielding turned out to be a BB gun.
What a shitshow! It feels like this kind of thing happens elsewhere more often than it does here, though maybe that is not accurate.
24. Iraqi Man Arrested on Dazzling Array of Charges, Including Human Trafficking, Following Table Bluff Road Grow Op Raid
Kind of a throwback interstate marijuana-themed case, with a licensed operation allegedly involved in all kinds of shady underground deals. A veritable arsenal of weapons were found at the site.
Among the items confiscated by the Drug Task Force during a raid: 13 watches, “various jewelry items” and a pound of hydrocodone pills. First time I can remember pills measured by weight.
23. Northtown Arcata Will Be Swarming With Movie Folk Tomorrow, As Bigtime Production ‘BC Project’ Films in the Neighborhood
Here we go! One of four or five big running stories this year was eminent director Paul Thomas Anderson coming to town, and bringing Leonardo DiCaprio and Sean Penn with him, to film what was then codenamed “The BC Project,” and later officially titled The Battle of Baktan Cross. (Though it’s unclear if that name will stick.)
This is only the first of several high-ranking stories about the production, and we’ll have more to say on the topic later. But Northtown was quite a scene that day, and the movie people were very generous with the townfolk who wanted to stand around and gawk. Check out Stephanie McGeary’s wonderful report from the front lines, if you missed that.
22. (PHOTOS/VIDEO) Police Descend Upon Cal Poly Humboldt Activists in the Early Morning Hours; Several Dozen Arrested; University Administration Issues Statement
Little ol’ Cal Poly Humboldt played an outsized role in the 2024 nationwide uprising against the war in Gaza, garnering international attention and lots of traditional media coverage for the week-long occupation of Siemens Hall.
This post was the culmination of that occupation, as a team of police from around Northern California were brought to Humboldt by Sheriff William Honsal and Cal Poly Humboldt police to break up the occupation and clear the campus in the middle of the night.
Dozens were arrested in the crackdown; none were charged. Perhaps most importantly, no one was injured. You can have different opinions about whether it was wise or warranted to end the the protest in this way, but it was, thankfully, a strangely peaceful denouement to several days of high tension and uncertainty.
21. Humboldt Ranchers and Farmers Left Scrambling After Closure of Redwood Meat Co., the Region’s Only USDA-Certified Slaughterhouse and Processing Facility
The closure of Redwood Meat, off Myrtle, was more than just a blow to its employees — it left the area’s entire still-not-insignificant cattle industry scrambling for ways to get its product to market. Ryan Burns talked to lots of industry people to get a sense of what the loss of this critical piece of infrastructure would mean to the county.
This was the first part of the story. In the months that followed, Burns covered the weird family drama that left Redwood Meats’ assets in the hands of rancher Ray Christie.
20. Two and a Half Pounds of Meth En Route from Modesto to Eureka Intercepted by Drug Task Force
That’s a lot of meth. Right? We’re not exactly certain how much meth this amounts to, in terms of doses of meth.
The suspect in the case has been arrested for meth many times previously.
19. (UPDATING) Police Arrive at Cal Poly Humboldt En Masse, Warn Protesters to Deassemble
This was the updating post from night before the crackdown, when it became clear that something was going to happen.
18. (UPDATING) WEATHER ALERT: Flood Warning Issued for Humboldt Bay Area, Heavy Rain Expected to Continue Through the Afternoon
This was a nice Saturday photo gallery of a hellacious rain day last January.
17. There’s a Ticking Time Bomb in the Heart of Orick, and It’s Not Clear Whether Anybody Can Do Anything About It
Very gratifying that so many of you read this story about what might seem like an obscure, complex issue in a far-flung corner of the county.
Our Izzy Vanderheiden spent months, off and on, researching and writing about the levee system that protects the town of Orick from flooding, and about the truly strange bureaucratic systems that conspire to prevent anyone from fixing them. (Or: Should they be fixed at all?)
16. BREAKING: Sun Valley Floral Farms Issues Layoff Notices to Entire Workforce in Arcata and Oxnard
Probably the biggest business story of the year, maybe apart from Cal Poly Humboldt’s enrollment remaining static. Sun Valley had long been one of the county’s economic powerhouses, with a workforce of hundreds and exporting goods all around the globe.
It was never without at least some controversy — pesticides, employment practices, an ill-fated pivot to weed — but its abrupt bankruptcy and dismantling hit lots of people hard.
15. Final Election Night Report! With Perhaps Half the Vote Counted, the Status Quo Looks Like a Lock in Eureka
Most of the election year was a snooze, on the local level. In the spring, all the incumbent candidates won easily. Same with the city elections in the fall, it turned out. Though there was one significant challenger in Arcata, in the person of Genevieve Serna, the three incumbent candidates held on to their seats with a decent margin. In Eureka, the long-awaited advent of ranked-choice voting was delayed yet again, as only two candidates signed up for each seat on the ballot.
The great glaring exception, of course, was Measure F, the Arkley-sponsored initiative to scuttle the City of Eureka’s development plans, which had passed years before. It was the culmination of Arkley’s multi-pronged legal and electoral effort to stop the conversion of city-owned parking lots into housing. He put at least $1.4 million into it, shattering records. And come the day, it fell flat on its face, losing 70-30 at the polls.
At the same time, the incumbent City Council candidates — Kati Moulton and Scott Bauer — won their reelection campaigns easily. It was a strong mark of confidence from the citizenry.
14. (VIDEO) Everyone in Humboldt County is Required to Watch This Music Video Now
Brat Summer turned into Brett Autumn!
Local singer-songwriter Brett McFarland made a big play for outlaw country stardom in the last quarter of the year, dropping several highly produced and expensive-looking music videos celebrating local people and places and culture.
Everyone loved ’em!
13. (UPDATE: SUSPECT SHOT) SWAT Team Deployed to 14th and Union in Eureka After Report of Stabbing; Barricaded Suspect With Hostages; Streets Closed in the Area
A ghastly case in which the suspect and subject of the standoff turned out to have slashed two children’s necks with a knife.
12. I Street Closed in Downtown Eureka Following Huge, Multivehicle Crash; Pedestrian Struck
Another almost unimaginable scene in downtown Eureka. The pedestrian — 66-year-old Eureka man David Sprague — was killed. A 30-year-old Eureka woman, Maria Cuevas, was arrested on DUI and vehicular manslaughter charges. Police said that Cuevas admitted to using nitrous oxide prior to the crash.
11. (PHOTOS/VIDEO) Protesters Open Cal Poly Humboldt’s Siemens Hall After Day of Tension Waiting For a Raid That Has Yet to Come
Four days after the occupation began and three days before the crackdown, protesters occupying Siemens Hall opened the doors to the media and others and took them on a tour of the building they were occupying, which included then-President Tom Jackson’s offices and those of other campus administrators. There was a lot of graffiti, but little outright wreckage.
10. (UPDATING) Humboldt Responds to Big Offshore Earthquake
A kiiiiiinda big one?
“Weakest 7.0 ever!” was the standard review of this year’s annual December earthquake. The quake rolled lazily onto shore at midmorning and got everyone swaying slowly back and forth for a good long while. No major damage reported.
The big takeaways were from the automatically generated tsunami warning that hit our phones a few moments after the shock waves petered out. The evacuation of tsunami-prone areas, everyone agrees, was something of a disaster, tying up traffic in places in places it should not be tied up in the event of an actual emergency. Remember: The key, after a big quake, is to get to high ground immediately, and high ground is probably closer than you think. As in: Walking distance, rather than driving distance.
Here’s a map of places at risk in the event of a major tsunami. Review it. Be prepared.
9. (VIDEO) BOOM! Copco 1 Dam Blast Sends Middle Klamath River Flowing Freely For the First Time in a Century
There were several other milestones left, this year — the removal of the dams’ remnants, salmon making it upriver for the first time in a century — but what more cathartic way to celebrate the decades-long fight to undam the Klamath than with a big explosion?
8. (UPDATING) Cal Poly Humboldt Issues Hard Closure of Campus; Law Enforcement Converges
Why did university administration react to the protest the way that it did? Was it necessary, several days into the occupation, to completely shutter the campus? And did they really have to cancel on-campus commencement ceremonies several days later, after the occupation had been cleared? Were they acting out of spite, rather than choosing the most rational path forward?
These were valid questions at the time, and they were asked by students and faculty associations, which, as shown in this post, were already calling for President Tom Jackson’s resignation. (They soon got their wish.) They became even more valid in the months that followed, when Thad Greenson at the North Coast Journal reviewed body camera footage that showed the president’s chief of staff peeved off at protesters who chose, in his words, to do things “the hard way.”
7. Film Set to Shoot in Eureka is From Renowned Director Paul Thomas Anderson, With Leonardo DiCaprio, Sean Penn and Regina Hall, According to Industry Reports
This was the big-scoop post, all the way back in January. There had been rumblings about a big movie production coming to town even back before the pandemic. (Or maybe during it? It’s all a fog.) Those rumblings had grown in the months previous to the this post. No one in the local film world would spill the beans, no matter how hard we tried!
Then film industry newsletter editor Jordan Raup figured out from a casting call that a Paul Thomas Anderson movie starring Leonardo DiCaprio would be filming in Humboldt in the coming months, and everything became clear.
Was Anderson — a noted Thomas Pynchon nut — filming Vineland up here? That novel takes place in a fictional Northern California county strongly resembling Humboldt, and Anderson was said to be working on a script. People went back and forth on this, but photos from filming — see below! — seem to confirm that it is indeed some interpreted version of that book, updated to the current era.
6. Remains of Humboldt Man Who Went Missing 37 Years Ago Identified with DNA Testing, Says HCSO
A local boy — Milton Pellegrini Jr. — was lost at sea in 1987, after the boat he was working on, Midnight Sun, capsized near the entrance to Humboldt Bay.
Three years later, a human jawbone was found at Houda Point.
And just this year, DNA testing — which compared DNA found in the mandible with DNA donated by his brother — confirmed that the jawbone was Milt’s.
5. TODAY: Mike McGuire is the Governor of the State of California
I’ve said it before and I’ll say it again: The term “clickbait,” when used as a pejorative, means that the headline promises something that the story does not deliver. If the story does deliver, it’s just a good headline.
On July 3, Mike McGuire was the acting governor of the state of California. This you cannot deny. He even signed legislation and such.
4. (UPDATING) Major Pro-Palestine Protests at Cal Poly Humboldt Provoke Massive Police Response; Protesters Occupy Siemens Hall; Reports of Violent Force Between Activists and Law Enforcement
Right from the jump, the pro-Palestine protest at Cal Poly Humboldt was chaotic, and the management of it was no less so.
Backup police were called to campus at around 6:30 p.m., after protesters had decided to station themselves inside the university’s main administrative building. Someone made the decision to take Siemens Hall back by force; the students inside easily repelled their effort to push their way in. In a soon-to-be-iconic moment, one of the protesters inside bonked armored police with an empty five-gallon water jug as they tried to get past the barricaded doors. The administration lost the PR battle in the first few moments.
The following days saw a ratcheting of tension. People were ripping the lids off dumpsters and fashioning barricade shields out of them. There was an eerie premonition that some sort of Sixties-style violence would break out, at some point or another. Thankfully — see above — that never came to pass.
3. McKinleyville-Area Hunter Earns World Record With Largest Roosevelt Elk Antlers Ever Recorded
Those are some big antlers!
Everyone loves a world record.
2. (UPDATING) ‘Bomb Cyclone’ Prompts Flood Watch for North Coast Communities; High Wind Advisory in Effect
Pretty fun storm last month! The rivers swelled and the power went out in places, and there was a brief period in which parts of Loleta were under evacuation warnings. No big whoop in the grand scheme of things, as many truly badass Facebook commenters always like to remind us, but it was fun to follow it.
It also taught us all about the Fujiwhara Effect.
1. (WATCH) First Look at Leonardo DiCaprio In Character for New Paul Thomas Anderson Film Currently Filming in Humboldt
The Murphy’s Market Cutten branch went viral!
All the world’s film geeks came to LoCO to see Leonardo DiCaprio in character as, presumably, Zoyd Wheeler, or else some Zoyd Wheeler-inspired character.
Other photos from the Cutten and Trinidad sets didn’t have that same star power.
The Battle of Baktan Cross, or whatever it ends up being called, is currently scheduled to open on Aug. 8. There will be an IMAX version.
WEATHER ALERT: Atmospheric River Prompts Flood Watch for North Coast Communities
Isabella Vanderheiden / Saturday, Dec. 28, 2024 @ 12:51 p.m. / How ‘Bout That Weather
Graphic: Eureka National Weather Service
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The National Weather Service (NWS) office in Eureka has issued a flood watch for Humboldt and Del Norte counties, where two to five inches of rain can be expected in the next 24 hours. The flood watch will remain in effect until 4 p.m. Sunday.
“Moderate to heavy rainfall and gusty winds will continue this weekend as an atmospheric river impacts the northern California coast,” according to a recent post from the Eureka NWS. “Rainfall totals exceeding 8 inches [is] possible in the King Range and higher elevations of northern Humboldt and Del Norte counties.”
Folks living in flood-prone areas should prepare for a possible flood warning, NWS says. The forecast can change quickly, so keep tabs at this link to stay up-to-date.
Humboldt County Public Works has reported flooding on a few county-maintained roads, including Cannibal Island, Howard Heights and Old Arcata roads. Chemise Mountain and Coffee Creek roads are “closed until further notice.” Shively Road is currently open, but you’ll want to use extra caution traveling through the area due to an active slide.
The NWS has also issued a wind advisory for interior areas of Humboldt and Del Norte counties. Winds will range between 20 and 30 mph, with gusts up to 60 mph expected.
Graphic: Eureka NWS
There is also a high surf advisory in effect for coastal communities all along the North Coast. “These large waves can be erratic and unpredictable,” according to the alert. “Use extra caution near the surf zone as these large waves will be capable of sweeping people into the frigid and turbulent ocean water.”
Stay safe out there, Humboldt!
Graphic: Eureka NWS
THE ECONEWS REPORT: The Continuing Problem of Black Market Cannabis Trespass Grows
The EcoNews Report / Saturday, Dec. 28, 2024 @ 10 a.m. / Environment
HUMBOLDT HISTORY: The Octagenarian Reverend Who Tried to Learn to Ride a Bicycle
Col. T.H. Monroe (usa ret’d) / Saturday, Dec. 28, 2024 @ 7:30 a.m. / History
The Carson Block in the age of Reverend Huntington. Source: Daily Humboldt Times, swiped from Lynette’s History Blog (excellent).
In the years just prior to 1900, a familiar sight on the downtown Eureka streets was Rev. C. A. Huntington, then in his late 80s, riding his bicycle.
Determined as he was to learn to ride a bicycle, he never mastered it. However, the S. F. Balcom bicycle shop solved his problem by framing two ladies bicycles together in parallel. This contraption proved to be rather awkward, and definitely hard to ride, especially for his young grandsons, Tom, Joseph and McDougall Monroe.
One or the other would always be drafted to ride with the old gentleman who would urge the child to greater efforts by saying: “Push, push harder on the pedals!”
The Carson Block, now known as the Home Furniture Store building, extended from Third Street north to the alley and from F Street east to the middle of the block. Adjoining the Carson Block on Third Street was the office of Belcher & Crane. Above it were situated the rooms of the Humboldt Club and the office of the Eureka Chamber of Commerce.
The G street portion of the block was filled by the Russ Meat Market, above which was Russ Hall. This hall was extensively used. Early moppets of Eureka around 1900, learned to dance there. Others learned to skate, when a roller skate rink was installed. Many civic, patriotic and political meetings were held in Russ Hall.
The Pioneer School, a one-room building, was on the southeast corner of Third and G streets.
This story is centered on the wide and long stairs of the F Street entrance to the Carson Building. At that time, the ground floor was occupied by Crockers Dry Goods Store. The two upper floors contained various offices and the Ingomar Theatre. The stairs led to the foyer of the Ingomar Theatre and was the only entry or exit, other than the stage entrance.
One afternoon the Rev. Huntington, who was then approaching the age of 88, climbed the stairs to call on Dr. Cook, whose dental office was near the head the stairs. His young grandson, McDougall, accompanied him. They had arrived on the old gentleman’s bicycle.
After leaving the dentist’s office, Rev. Huntington, on descending the stairs, lost his balance, rolled and fell from near the top to the bottom of the stairs, his bowler hat and cane along with him!
At the bottom of the stairs he was assisted to his feet by several men who were loitering in the cigar store across F Street.
The old man was furious, but unhurt. He brushed off his hat, took his cane, and still sputtering, walked to his bicycle and with his grandson, pedaled home.
His prominence in the community made this incident a conversation piece for several weeks.
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The story above is excerpted from the September-October 1974 issue of the Humboldt Historian, a journal of the Humboldt County Historical Society. It is reprinted here with permission. The Humboldt County Historical Society is a nonprofit organization devoted to archiving, preserving and sharing Humboldt County’s rich history. You can become a member and receive a year’s worth of new issues of The Humboldt Historian at this link.
Citing Religious Freedom and Catholic Doctrine, St. Joseph Health Challenges State’s Emergency Abortion Care Lawsuit on a Variety of Legal Grounds
Ryan Burns / Friday, Dec. 27, 2024 @ 4:12 p.m. / Courts , Health Care
In this September photo, California Attorney General Rob Bonta announces a lawsuit against St. Joseph Hospital as Eureka chiropractor Anna Nusslock looks on. | Image via Rob Bonta’s X account.
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PREVIOUSLY
- Attorney General Sues St. Joseph Hospital for Denying a Woman Emergency Abortion Care
- A Local Doctor Urged St. Joseph Hospital to Change Its Anti-Abortion Policies Long Before State Lawsuit, According to Court Declaration
- St. Joseph Hospital Denies Allegations in State Abortion Care Lawsuit But Agrees to Follow State Health Care Laws as the Case Proceeds
- Judge Signs Order Committing St. Joseph Hospital to Providing Emergency Abortions, At Least For the Duration of AG Lawsuit
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In a case that pits California’s constitution against the religious directives of Catholic hospitals, Providence Health & Services this week leaned into its identity as a faith-based institution in its official response to a state lawsuit concerning women’s access to emergency abortion care at Eureka’s St. Joseph Hospital.
On Monday, attorneys representing St. Joseph Health Northern California, LLC, a subsidiary of Providence, filed a motion to dismiss the lawsuit filed by Attorney General Rob Bonta in September. That suit seeks an injunction and criminal penalties against St. Joseph Hospital for its alleged refusal to provide abortion care to people experiencing obstetric emergencies.
While the U.S. Supreme Court overturned the nationwide right to abortion in June of 2022, the procedure remains broadly legal in most states, including here in California, where voters explicitly enshrined abortion protections in the state Constitution later that same year.
But attorneys for St. Joseph Hospital say hospital employees are bound by a higher law, a religious doctrine that deems abortion immoral.
“Forcing [St. Joseph Health Northern California] to allow procedures to terminate a pregnancy that are not permitted by the Catholic faith would unquestionably impede SJH’s constitutionally protected ability to communicate its faith-based message that such procedures are intrinsically wrong,” argues attorney Harvey L. Rochman, a partner in the Los Angeles-based firm of Manatt, Phelps & Phillips, LLP, on behalf of Providence.
The dismissal request submitted to Humboldt County Superior Court on Monday neither denies nor admits to any of the specific facts outlined in the state’s case. Instead, Rochman argues that the Attorney General’s complaint “does not allege facts sufficient to state a cause of action,” citing a series of procedural, jurisdictional and legal grounds, including the hospital’s constitutional rights to free exercise of religion and free expression.
“Like all Catholic hospitals, [St. Joseph] is required to follow the Ethical and Religious Directives for Catholic Health Care Services issued by the United States Conference of Catholic Bishops,” Rochman’s filing argues.
Those directives state in no uncertain terms, “Abortion … is never permitted,” adding, “Catholic health care institutions are not to provide abortion services, even based upon the principle of material cooperation.”
There’s a caveat to that doctrine in Ethical and Religious Directive No. 47, which is cited by Rochman. It says, “Operations, treatments, and medications that have as their direct purpose the cure of a proportionately serious pathological condition of a pregnant woman are permitted when they cannot be safely postponed until the unborn child is viable, even if they will result in the death of the unborn child.”
Regardless, Bonta’s office says the hospital’s policy on emergency abortion care violates California law and discriminates against pregnant patients by making their health care choices for them. Despite rule No. 47, Bonta’s office says St. Joseph Hospital policy bars doctors from providing life-saving emergency treatment when doing so would terminate a pregnancy, even when the pregnancy is not viable.
The Attorney Generals’ suit accuses St. Joseph Hospital of violating California’s Emergency Services Law (the state-level analogue to the federal EMTALA statute), the Unruh Civil Rights Act and the Unfair Competition Law.
With Monday’s dismissal request, St. Joseph Health effectively seeks to sidestep the complaint via a series of demurrers. In legal jargon, a demurrer challenges the adequacy of a complaint without disputing the facts. In other words, the hospital’s legal counsel is arguing that, even if all the facts in the complaint are true, there is no legal basis for the suit.
To briefly recap those alleged facts, the Attorney General’s suit centers on the experiences of Eureka chiropractor Anna Nusslock, who, in February 2024, arrived at St. Joseph Hospital bleeding heavily after her water prematurely broke during the 15th week of her pregnancy with twins.
A doctor at the hospital diagnosed Nusslock with Previable Premature Pre-labor Rupture of Membranes (Previable PPROM) and confirmed that her twins would not survive, the suit alleges. According to state prosecutors, the hospital’s medical staff refused to treat her, citing a policy that prohibits them from providing such emergency care as long as either of her twins had a “detectable heartbeat.”
Instead of helping her, the suit alleges that St. Joseph Hospital discharged a still-hemorrhaging Nusslock with instructions to drive herself to Mad River Community Hospital. “On the way out the door, Providence handed Nusslock a bucket and towels ‘in case something happens in the car,’” the AG’s Office said in a news release.
In filing its demurrers this week, St. Joseph Hospital’s attorneys contend that this dispute should properly be handled by the California Department of Public Health [CDPH], not the courts. The dismissal request argues that Attorney General Rob Bonta’s office is improperly trying to usurp that department’s authority over alleged violations of the state’s Emergency Services Law.
Secondly, the hospital’s attorneys argue that the complaint cites an irrelevant section of California Health and Safety Code, one that places limits on the transfer of emergency room patients for non-medical reasons, whereas the state’s complaint itself “alleges that [Nusslock’s] transfer was for medical reasons.”
The attorneys also dispute the state’s discrimination claim, saying the Catholic hospital’s alleged “faith-based limitation on certain procedures … does not constitute intentional discrimination against any protected group.” In other words, they argue that the complaint fails to allege discrimination against a protected class (women, presumably); instead, it merely alleges that the hospital “did not provide a specific procedure because of the nature of that procedure,” which isn’t relevant to the Unruh Civil Rights Act.
The hospital’s filing goes on to challenge the case on other procedural and jurisdictional grounds but ultimately returns to the matter of religious liberty, saying Bonta’s office cannot use certain state laws “to penalize a Catholic hospital for applying faith-based policies and procedures.”
The filing further argues that the injunction requested by Bonta’s office, which seeks a court order guaranteeing that patients receive prompt emergency medical care including abortion care, unjustly asks care providers to violate their sincerely held religious beliefs.
“SJH could not comply with such an order without forsaking its Catholic identity — the ultimate burden in a religious freedom case,” the filing says, later adding, “There is universal agreement among courts, legislators, and regulators that the conscience rights of health care providers must be respected.”
In a statement released to news outlets earlier this week, Providence said this:
Our motion raises several procedural legal arguments for dismissal while also affirming both our Catholic identity and our commitment to providing safe, high-quality emergency care for pregnant patients in accordance with state and federal law. Our commitment to both the health of our community and our faith-based tradition remains unwavering.
We have served as a vital safety net in Humboldt County since the Sisters of St. Joseph of Orange founded the ministry more than 100 years ago, and we remain deeply committed to continuing to be here for patients when they need us most. As part of that commitment, we are providing additional training and education to our OB and Emergency Department medical staff and caregivers to support them in the delivery of safe, high-quality emergency care for pregnant patients in the context of our Catholic identity and the requirements of state and federal law.
With the closure of Mad River Community Hospital’s Birth Center in October, St. Joseph Hospital is now Humboldt County’s only licensed medical facility offering labor and delivery services. Earlier this month, attorneys representing a second plaintiff filed a new lawsuit with very similar allegations, accusing St. Joseph Hospital of denying emergency abortion care to a woman in 2022 due to its religious prohibition on giving such care when there’s a detectable fetal heartbeat.
The Outpost reached out to civil rights organizations, attorneys and medical professionals for input on this latest filing but has yet to hear back from most of them (understandable, given the holidays). We will continue to follow this case.
The next hearing date is scheduled for Jan. 27, 2025, at 10:30 a.m. in Courtroom 4 of the Humboldt County Courthouse.
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