Friday, March 22, 2013

Another Small Business Sues To Challenge Contraceptive Coverage Mandate

Lawsuits by small businesses and their owners asserting religious objections to the Affordable Care Act's contraceptive coverage mandate continue to be filed. The latest is Eden Foods, Inc. v. Sebelius, (ED MI, filed 3/20/2013) (full text of complaint). The suit was filed by the corporation and its chairman, president and sole shareholder, Michael Potter. Eden manufactures and sells natural and organic foods, including a line of kosher food. The complaint asserts, in part:
Plaintiff Michael Potter cannot compartmentalize his conscience or his religious beliefs from his daily work and actions as the Chairman, President, and sole shareholder of Plaintiff Eden Foods. Therefore, Plaintiff Michael Potter and Plaintiff Eden Foods share a common mission of conducting their business operations with integrity and consistent with the teachings, mission, and values of the Catholic Church.
The complaint asserts 1st Amendment, RFRA and Administrative Procedure Act claims. Thomas More Law Center issued a press release announcing the filing of the lawsuit.