Anti-abortion group files suit seeking 911 tape

Call made from Wichita clinic

? An anti-abortion group has filed an open records lawsuit in its pursuit of an audiotape and full transcript of a 911 call it says led to a recent ambulance visit to Dr. George Tiller’s abortion clinic in Wichita.

Cheryl Sullenger, the outreach director of Operation Rescue, is suing Sedgwick County’s Department of Emergency Communications. She filed her lawsuit Friday in state court after the department gave Operation Rescue an edited transcript of the call and declined to release the recording.

Operation Rescue said Tiller’s clinic, Women’s Health Care Services, called Feb. 17 for an ambulance. The group photographed someone, covered by a blanket, being moved into the ambulance for a ride to a local hospital.

Sullenger’s lawsuit said the county department cited privacy concerns when it released an edited transcript and declined to release the recording. Sullenger said Operation Rescue was not seeking the patient’s name, just more information about the ambulance call.

“We don’t want to know who she is,” Sullenger said Monday.

Tiller’s clinic declined to comment. Diane Gage, the county department’s director, did not return a telephone message seeking comment.

The Kansas Open Records Act generally requires government agencies to provide documents to the public. However, it contains exceptions outlining when agencies can refuse access.

The law is enforced by the state attorney general’s office. But Jan Lunsford, a spokesman for Atty. Gen. Phill Kline, who has proposed changes designed to increase public access to records, said: “We wouldn’t be involved unless there was a complaint filed with us.”

Sullenger’s lawsuit said the county department cited one exception applying to records identifying individual patients receiving medical, psychiatric or psychological treatment or care for alcoholism or drug addiction.

The department also cited an exception where disclosure would “constitute a clearly unwarranted invasion of personal privacy.”

In addition, the department said releasing the records would violate a federal law on patient privacy.

The Kansas Open Records Act also says a public agency may refuse to provide copies of audiotapes, unless the tapes are played during a public meeting.

Sullenger said full transcripts of 911 calls and audiotapes routinely became public.

“We’ll just let the courts figure it out,” she said. “We just have a little disagreement over what the law says.”

The lawsuit comes as anti-abortion advocates are pushing for legislation to impose tougher regulations on abortion clinics.