Slattery MSJ

Case 1:20-cv-00112-TJM-DJS Document 54 Filed 04/26/24 Page 1 of 2
UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF NEW YORK
CHRISTOPHER T. SLATTERY, a New York resident,
and
THE EVERGREEN ASSOCIATION, INC.,

a New York nonprofit corporation, doing business as
Expectant Mother Care and EMC FrontLine Pregnancy NOTICE OF MOTION
Centers,
20-CV-0112
TJM/DJS
Plaintiffs,
-against-
KATHY HOCHUL in her official capacity as

the Governor of the State of New York;
ROBERTA REARDON, in her official capacity as
the Commissioner of the Labor Department of the
State of New York; and LETITIA JAMES, in her
official capacity as the Attorney General of the
State of New York,
Defendants.
PLEASE TAKE NOTICE that upon the annexed Declaration of Adrienne J. Kerwin and
the exhibits thereto; Defendants’ Statement of Material Facts; the accompanying Memorandum of
Law; and upon all prior proceedings, Defendants Kathy Hochul, in her official capacity as the
Governor of the State of New York, Roberta Reardon, in her official capacity as Commissioner of
the New York State Department of Labor, and Letitia James in her official capacity as Attorney
General of the State of New York, on a date and at a time to be set by the Court, will make a
motion at the United States District Court, Northern District of New York, Albany, New York,
pursuant to Rule 56 of the Federal Rules of Civil Procedure, for an order granting summary
Case 1:20-cv-00112-TJM-DJS Document 54 Filed 04/26/24 Page 2 of 2
judgment in favor of Defendants, and dismissing the Complaint in its entirety, together with such
other or further relief as may be just.
Dated: Albany, New York

April 26, 2024
LETITIA JAMES
Attorney General
State of New York
Attorney for Defendants Kathy Hochul, Roberta
Reardon and Letitia James, in their
Official Capacities
The Capitol
Albany, New York 12224
By: s/ Adrienne J. Kerwin

Adrienne J. Kerwin
Assistant Attorney General, of Counsel
Bar Roll No. 105154
Telephone: (518) 776-2608
Fax:: (518) 915-7738 (Not for service of papers)
Email: [email protected]
To: All Counsel of Record

Case 1:20-cv-00112-TJM-DJS Document 54-1 Filed 04/26/24 Page 1 of 2

and DECLARATION
THE EVERGREEN ASSOCIATION, INC., a New York 20-CV-0112

nonprofit corporation, doing business as Expectant Mother
Care and EMC FrontLine Pregnancy Centers, TJM/DJS
Plaintiffs,
-against-
KATHY HOCHUL, in her official capacity as the Governor

of the State of New York; ROBERTA REARDON, in her
official capacity as the Commissioner of the Labor
Department of the State of New York; and LETITIA
JAMES, in her official capacity as the Attorney General of
the State of New York,
Defendants.
Adrienne J. Kerwin, on the date noted below and pursuant to § 1746 of title 28 of the
United States Code, declares the following to be true and correct under penalty of perjury under
the laws of the United States of America:
1. I am an Assistant Attorney General of counsel in this matter to Letitia James,
Attorney General of the State of New York, attorney for Defendants Kathy Hochul, in her
official capacity as Governor of the State of New York, Roberta Reardon, in her official
1
capacity as Commissioner of the New York State Department of Labor, and Letitia James, in her
official capacity as Attorney General of the State of New York (collectively “Defendants”).
2. I submit this Declaration in support of Defendants’ Motion for Summary
Judgment pursuant to Fed. R. Civ. P. 56 and Local Rule 56.
3. The following exhibits are attached hereto in support of Defendants’ motion:
A. Transcript of the Deposition of Rev. James Harden conducted on January 16,
2024.
B. Plaintiff’s Response to Defendants’ First Set of Interrogatories dated
December 22, 2023.
C. Governor Hochul’s Response to Plaintiffs’ First Set of Interrogatories dated
October 10, 2023.
D. Commissioner Reardon’s Response to Plaintiffs’ First Set of Interrogatories
dated October 3, 2023.
E. Attorney General James’s Response to Plaintiff’s First Set of Interrogatories
dated October 10, 2023.
F. A copy of Evergreen’s “EMC Staff Statement of Position, Faith & Principle.”
Dated: April 26, 2024

Albany, New York s/ Adrienne J. Kerwin
________________________
Adrienne J. Kerwin
2
Associated Reporters Int'l., Inc. www.courtsteno.com

Page 1
1 Slattery, et al v Hochul, et al - 1-16-24 - James Harden
2 UNITED STATES DISTRICT COURT
3 NORTHERN DISTRICT OF NEW YORK
4 CHRISTOPHER T SLATTERY, a New York
5 resident and THE EVERGREEN ASSOCIATION,
6 INC., a New York nonprofit corporation,
7 doing business as Expectant Mother Care
8 and EMC FrontLine Pregnant Centers,
9 Plaintiffs,
10 V Index No.: 20-CV-112 (TJM/DJS)
11 KATHY HOCHUL, in her official capacity
12 as the Governor of the State of New York;
13 ROBERTA REARDON, in her official capacity
14 as the Commissioner of the Labor
15 Department of the State of New York; and
16 LETITIA JAMES, in her official capacity
17 as the Attorney General of the State of
18 New York,
19 Defendants.
20 ________________________________________X
21 DEPOSITION OF: JAMES HARDEN
22 DATE: January 16, 2024
23 TIME: 11:02 a.m. to 1:53 p.m.
24 VENUE: WebEx
25 Reported by Monique Hines
800-523-7887 [email protected]

Page 2
2 APPEARANCES:
3 FOR THE PLAINTIFFS:
4 CLAYTON PLAZA LAW GROUP, L.C.
5 BY: J. MATTHEW BELZ, ESQ.
6 The Midvale Building
7 112 South Hanley Road, Suite 200
8 St. Louis, Missouri 63105
9 FOR THE DEFENDANTS:
10 OFFICE OF THE NEW YORK STATE ATTORNEY GENERAL
11 BY: ADRIENNE J. KERWIN, A.A.G.
12 The Capitol
13 Albany, New York 12224
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2 I N D E X O F P R O C E E D I N G S
3 JAMES HARDEN; Sworn
4 Direct Examination by Ms. Kerwin 11
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2 E X H I B I T I N D E X
3 Marked as
4 Described as
5 One 14
6 Deposition Notice
7 Two 78
8 CS 010-CS 0398
9 Three 77
10 Plaintiff’s Responses to Defendant’s First Set
11 of Interrogatories
12 Four 71
13 Plaintiff’s Amended Initial Disclosures
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2 STIPULATIONS
3 IT IS HEREBY STIPULATED AND AGREED by
4 and between counsel for the respective parties hereto
5 that:
6 All rights provided by the Civil
7 Practice Law and Rules, including the right to object
8 to any question, except as to form, or to move to
9 strike any testimony at this examination is reserved.
10 And, in addition, the failure to object to any
11 question or to move to strike testimony at this
12 examination shall not be a bar or waiver to make such
13 motion at, and is reserved for the trial of this
14 action;
15 IT IS FURTHER STIPULATED AND AGREED by
16 and between counsel for the respective parties
17 hereto, that this examination may be sworn to by the
18 witness being examined before a Notary Public, other
19 than the Notary Public before whom this examination
20 was begun, but the failure to do so, or to return the
21 original of this examination to counsel, shall not be
22 deemed a waiver of the rights provided by Rule 3116
23 and 3117 of the Civil Practice Law and Rules, and
24 shall be controlled thereby;

Page 6
3 hereto, that this examination may be utilized for all
4 purposes as provided by the Civil Practice Law and
5 Rules;
8 hereto, that the filing and certification of the
9 original of this examination shall be, and the same
10 hereby are waived;
13 hereto, that a copy of the within examination shall
14 be furnished to counsel representing the witness
15 testifying without charge;
18 hereto, that all rights provided by the Civil
19 Practice Law and Rules, and Part 221 of the Uniform
20 Rules for the Conduct of Depositions, including the
21 right to object to any question, except as to form,
22 or to move to strike any testimony at this
23 examination, is reserved. And, in addition, the
24 failure to object to any question, or to move to
25 strike any testimony, at this examination, shall not

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2 be a bar or waiver to make such motion at, and is
3 reserved to, the trial of this action.
4 IT IS HEREBY STIPULATED AND AGREED by
5 and between counsel for all parties present that
6 pursuant to CPLR section 3113(d) this deposition is
7 to be conducted by video conference, that the court
8 reporter, all counsel, and the witness are all in
9 separate remote locations and participating via
10 videoconference meeting under the control of
11 Associated Reporters International, Inc. (ARII),
12 that the officer administering the oath to the
13 witness need not be in the place of the deposition
14 and the witness shall be sworn in remotely by the
15 court reporter after confirming the witness’s
16 identity, that this videoconference will not be
17 recorded in any manner and that any recording without
18 the express written consent of all parties shall be
19 considered unauthorized, in violation of law, and
20 shall not be used for any purpose in this litigation
21 or otherwise.
22 IT IS FURTHER STIPULATED that exhibits
23 may be marked by the attorney presenting the exhibit
24 to the witness, and that a copy of any exhibit
25 presented to a witness shall be e-mailed to or

Page 8
2 otherwise in possession of all counsel prior to any
3 questioning of a witness regarding the exhibit in
4 question. Unless otherwise agreed upon, all parties
5 shall bear their own costs in the conduct of this
6 deposition by video conference, notwithstanding the
7 obligation by CPLR to supply a copy of the transcript
8 to the deposed party by the taking party in civil
9 litigation matters.
10 CPLR § 3113 Conduct of Examination (d)
11 states:
12 (d) The parties may stipulate that a
13 deposition be taken by telephone or other remote
14 electronic means and that a party may participate
15 electronically. The stipulation shall designate
16 reasonable provisions to ensure that an accurate
17 record of the deposition is generated, shall specify,
18 if appropriate, reasonable provisions for the use of
19 exhibits at the deposition; shall specify who must
20 and who may physically be present at the deposition;
21 and shall provide for any other provisions
22 appropriate under the circumstances. Unless otherwise
23 stipulated to by the parties, the officer
24 administering the oath shall be physically present at
25 the place of the deposition and the additional costs

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2 of conducting the deposition by telephonic or other
3 remote electronic means, such as telephone charges,
4 shall be borne by the party requesting that the
5 deposition be conducted by such means.
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2 (The deposition commenced at 11:02
3 a.m.)
4 THE REPORTER: I’ll put us on the
5 record. It's eleven O two.
6 And Mr. Harden, if you could raise
7 your right hand for me, please.
8 And do you swear or affirm the
9 testimony you're going to give today in this cause
10 will be the truth, the whole truth, and nothing but
11 the truth?
12 REV. HARDEN: I do.
13 JAMES HARDEN; Sworn
14 THE REPORTER: And can you just state
15 and spell your name for the record, please?
16 THE WITNESS: My name is James Harden,
17 J-A-M-E-S H-A-R-D-E-N.
18 THE REPORTER: Okay. Thank you.
19 The witness has been sworn.
20 MS. KERWIN: Thank you.
21 Good morning to you both. Thank you
22 for going through the elements to make this happen
23 for me today. I will try to go as quickly as I can.
24 Matt, I know you have a plane and I can't imagine me
25 lasting that long, but I will do it -- go as quickly

Page 11
2 as I can.
3 DIRECT EXAMINATION
4 BY MS. KERWIN:
5 Q. Reverend Harden, did you -- did
6 you have an opportunity to prepare for today's
7 deposition?
8 A. I did.
9 Q. Okay. And without telling me
10 what was discussed, what did you do to prepare?
11 A. Oh -- oh, I read documents,
12 reread lots of different financials, talked to our
13 attorneys, talked to different staff members,
14 everything I could think to do.
15 Q. Can you tell me what documents
16 you reviewed?
17 A. Documents that you -- you sent us
18 for discussion purposes, you know, and any documents
19 you suggested that -- that you -- that you requested
20 from us, I tried to look into that, too.
21 Q. Okay. So would it be the
22 exhibits -- the potential exhibits that I sent over
23 to Mr. Belz last week?
24 A. Yes. So I have those up on my
25 computer screen.

Page 12
2 Q. Did you review any of the
3 documents that have been provided to me in this case
4 on behalf of Evergreen?
5 A. Yes.
6 Q. Any other documents, other than
7 those two batches, that you reviewed in preparation
8 for the deposition?
9 A. No, not that I am -- not that I'm
10 aware of. I -- I think I -- it was pretty
11 comprehensive.
12 Q. When you say that you reviewed
13 financials, is -- are -- does that encompass
14 documents that were already sent to me or something
15 different?
16 A. I think you had requested
17 financials from 2015 onward, nine nineties, et
18 cetera. So I looked -- I looked into that -- all
19 that kind of documentation.
20 Q. Okay.
21 MS. KERWIN: Matt, I don't think I
22 have that stuff yet; right?
23 MR. BELZ: I -- I don't think -- I
24 could be wrong. I don't think you requested them.
25 One of the -- one of the deposition topics mentions

Page 13
2 financial records, so I think that's why he reviewed
3 them.
4 MS. KERWIN: Got it. Okay.
5 BY MS. KERWIN: (Cont'g.)
6 Q. And when you say spoke to staff,
7 can you tell me, either by position or name, who you
8 spoke to about the deposition?
9 A. Yeah. I mean, anybody that can -
10 - that can help -- help me by providing me additional
11 information that -- that -- that you're requesting,
12 you know, anybody that's related to finance in
13 particular at the board level, and H.R. information.
14 Q. Right.
15 MS. KERWIN: Monique, do you have the
16 potential exhibits that I sent over?
17 THE REPORTER: Yes, I do.
18 MS. KERWIN: Okay.
20 Q. Reverend Harden, I just want to
21 ask you to look at the document that I have called
22 Number One, which is the deposition notice for today.
23 A. Okay.
24 Q. Do you have that in front of you
25 --

Page 14
2 A. Yep.
3 Q. -- or a way to look at it? Okay.
4 A. Yep.
5 MS. KERWIN: Monique, can we mark this
6 as Exhibit One?
7 THE REPORTER: Okay.
9 Q. Reverend Harden, can you just
10 take a look at the third page, which is a list of ten
11 topics, and tell me if you've seen this before?
12 A. Entitled F.R.C.P. thirty B, et
13 cetera? Yes.
14 Q. Yep. Yep. Okay. And have you -
15 - have you had an opportunity to look at these topics
16 prior to now?
17 A. Yes.
18 Q. And are there any topics on this
19 list that you don't feel you can testify about today?
20 A. No.
21 Q. Great. I think what I need to do
22 for my own education is to kind of understand the
23 interplay with Evergreen, FrontLine, E.M.C. Can you
24 kind of explain to me how they all relate?
25 A. Evergreen is kind of like a

Page 15
2 parent corporation. Expectant Mother Care, E.M.C.,
3 FrontLine, these are all D.B.A.s for, you know,
4 essentially marketing purposes.
5 Q. Okay. So if I were to ask you a
6 question about Evergreen, in your mind, would it mean
7 all of them or should I specifically ask questions
8 about E.M.C., ask you questions about FrontLine?
9 A. No, it means all -- it -- it's --
10 it's all one.
11 Q. Great. Okay. That's going to
12 make things go a lot faster. Okay. Can you tell me
13 the physical location of every Evergreen site?
14 A. There's one in Jackson Heights,
15 Queens, the Bronx, and one in Brooklyn.
16 Q. And so there's no Manhattan-based
17 office or site?
18 A. No. Evergreen has had multiple
19 locations over the years, I think over fourteen. You
20 know, in -- from -- I -- I want -- basically in all
21 the boroughs, including White Plains, as well as
22 additional locations in different parts of the
23 country. So these are the three remaining.
24 Q. So there's one in Jackson
25 Heights, one in the Bronx, and one in -- in Brooklyn?

Page 16
2 A. Correct.
3 Q. Okay.
4 A. At -- at the time of this
5 deposition. The -- the one in the Bronx is -- is --
6 we're looking to replace or relocate. And the one in
7 Queens, we're also looking to relocate. Not that
8 that matters, but --.
9 Q. Do you have a -- a plan as to
10 where you are looking to relocate those two?
11 A. In the same vicinity, we just
12 don't have a --.
13 Q. Okay. And are you still
14 affiliated with CompassCare?
15 A. Yes.
16 Q. Okay. And what's -- what's your
17 -- you –- what's your own personal affiliation with
18 CompassCare, currently?
19 A. As -- as -- I -- I'm the C.E.O.
20 of CompassCare.
21 Q. Okay. And what is your current
22 position with Evergreen?
23 A. I'm the president of Evergreen.
24 Q. As we sit here today, is there
25 any -- do Evergreen and CompassCare -- is there any

Page 17
2 interplay between the two -- the two organizations
3 right now?
4 A. Yes.
5 Q. And what's that?
6 A. Well, for the last, probably,
7 year and a half, CompassCare has been training E.M.C.
8 staff to -- medical staff to engage Telecare
9 operations to serve women through a telehealth
10 platform. Excuse me. We're also in the process of,
11 you know, working with E.M.C. to kind of sort -- sort
12 things out, managerially, in the wake of Chris
13 Slattery’s death. So.
14 Q. How did the relationship come to
15 be with CompassCare training E.M.C. Telestaff?
16 A. Chris Slattery was interested in
17 trying to -- he was always interested in trying to
18 find ways to -- to better reach and serve women
19 seriously considering abortion. And as you know,
20 post-Covid, there was a -- a kind of normalization of
21 the use of telehealth technology in terms of the
22 expectations of patients. And so that's kind of what
23 he wanted him to start doing.
24 Q. Was Evergreen paying CompassCare
25 for that kind of training?

Page 18
2 A. No. We -- no, he wasn't paying
3 for the training. No. He -- he would just basically
4 cover our expenses for marketing.
5 Q. Are there any plans in place for
6 Evergreen and CompassCare to come under the same
7 umbrella?
8 A. No. CompassCare and Evergreen
9 will -- will maintain separate entities.
10 Q. Okay. Thank you. Can you tell
11 me what -- can you give me the -- if you are the --
12 did you say C.E.O. -- or no, you're the president of
13 Evergreen?
14 A. Correct.
15 Q. What does that -- what -- what
16 are your -- what does that mean?
17 A. Basically, it means that all --
18 according to the -- to the constitution and bylaws,
19 all duties related to the execution of, you know, the
20 direction of the organization fall to -- to me, in
21 daily operations.
22 Q. And -- and there -- is there a
23 board associated with Evergreen?
24 A. Yes.
25 Q. And is the -- do you report to

Page 19
2 that board
3 A. Yes.
4 Q. -- as the director? Or as the
5 president? Sorry.
6 A. As president. Yep.
7 Q. How many people are on the board,
8 currently?
9 A. Five.
10 Q. And do they have terms or do they
11 stay until they don't want to be on it anymore? Or
12 how does that work?
13 A. Yeah, they’re -- if -- you know,
14 it's essentially -- there's -- I -- I don't recall if
15 there are terms in the bylaws, although they're all
16 renewable. So people come as -- as -- as they -- and
17 stay as long as they want. Those are typically the
18 terms, and the -- and the board officers are renewed
19 every year.
20 Q. Does the board have any
21 involvement with hiring at any of the Evergreen
22 sites?
23 A. No.
24 Q. Does the board have to approve
25 any kind of personnel issue -- any kind of personnel

Page 20
2 decisions made by Evergreen?
3 A. There -- there was a time when
4 the board -- or members of the board took
5 responsibility for internship management, but not in
6 terms of hiring.
7 Q. And what kind of involvement in
8 intern management did the board have? Internship
9 management. Sorry.
10 A. Anything that would come up with
11 -- with respect to behavioral issues, health
12 concerns, you know, things of that nature.
13 Q. But the board wasn't involved in
14 the selection of interns?
15 A. No.
16 Q. All right. Can you -- is there
17 an H.R. employee at each of the -- the three
18 Evergreen sites?
19 A. No.
20 Q. Where does the H.R., for lack of
21 a better word, office or group for Evergreen sit,
22 physically?
23 A. Well, there really isn't an H.R.
24 group. It's -- it's essentially Chris Slattery --
25 was the H.R. And he -- he hired Paychex to provide,

Page 21
2 you know, payroll assistance. And oftentimes Paychex
3 gives suggestions on, you know, payroll policy.
4 Q. So earlier when you told me you
5 talked to staff to -- in preparation for the
6 deposition, and one of the staff people was an H.R.,
7 who was that?
8 A. Well, that was a staff member at
9 CompassCare that I -- that I kind of deferred to for
10 H.R. reasons.
11 Q. Okay.
12 A. Typically referred to -- in
13 preparation for the deposition, all documentation was
14 gathered by board members for the most part.
15 Q. And what did you confer about
16 with the H.R. person at CompassCare?
17 A. They received access to Paychex
18 to determine the nature of and terms of hiring and
19 the dates of hire for existing Evergreen employees.
20 Q. Okay. How many -- how many
21 people currently work in the Jackson Heights office?
22 A. Well -- two. I'm just trying to
23 think. Typically, the Jackson Heights office is --
24 is very -- I mean it's -- essentially, it's used once
25 to twice a month, on a part-time basis. So that --

Page 22
2 there's no more than two people that work in that
3 office.
4 Q. Okay. And what does the Jackson
5 Heights office do?
6 A. Provides counseling to women who
7 are -- who are pregnant and considering abortion,
8 also provides pregnancy diagnosis by ultrasound
9 imaging.
10 Q. Okay. So the -- the one to two
11 people that may be at the Jackson Heights office at
12 any given time, what positions do they hold?
13 A. They would be either an L.P.N. or
14 -- and/or an ultrasonographer -- R.D.M.S.
15 ultrasonographer.
16 Q. And is it the L.P.N. or the
17 ultrasonographer that does the counseling?
18 A. It would be the L.P.N.
19 Q. Okay. And does the L.P.N. at the
20 Jackson Heights office have any training in
21 counseling?
22 A. Insofar as the expectations for,
23 you know -- what -- interacting with the women --
24 with a woman who's facing unplanned pregnancy, as to
25 the expectations relative to, you know, the

Page 23
2 organization's mission. Not to refer or provide for
3 abortion, certainly, but to give, her you know, as
4 much information as possible about her condition and
5 the resources available in the community to help her
6 have the baby.
7 Q. Okay. So when you say
8 counseling, that counseling is provided at the
9 Jackson Heights office, is this information provided
10 by the L.P.N.?
11 A. Yes.
12 Q. And is it information that is
13 provided to the L.P.N. by someone at Evergreen?
14 A. I'm sorry; can you repeat the
15 question? The L.P.N. is -- is a -- is a
16 representation of Evergreen.
17 Q. Right. But is the information
18 that's provided to that L.P.N., to then be provided
19 to pregnant women, is that information provided to
20 the L.P.N. by someone at Evergreen?
21 A. Yes.
22 Q. Okay. So is it fair to say that
23 the L.P.N. operates kind of as a pass-through for
24 information provided by somebody else at -- at
25 Evergreen?

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2 A. I don't think that would be a
3 comprehensive way to say it. I think that the --
4 there's certainly information provided through the
5 L.P.N. relative to the positions of Evergreen. But
6 we're also relying on that particular person to
7 communicate, you know, information that's about the -
8 - the -- the -- the -- the patient's specific health
9 condition, as well as information about the nature of
10 -- of community services available to her and
11 abortion, generally speaking.
12 Q. So when Evergreen is hiring an
13 L.P.N., what kind of qualifications is Evergreen
14 looking for in that -- in that candidate?
15 A. Well, they need to be licensed in
16 the State of New York through the Department of
17 Education. They need to have a pro-life position so
18 that they're not going to be counseling women in ways
19 that we believe are unethical relative to abortion
20 referrals. And -- you know, so that -- that's
21 basically -- that's basically it.
22 Q. Okay. So an L.P.N. license to
23 practice in the State of New York through State Ed.,
24 and that person must also have pro-life positions, I
25 think is what you said. How do you determine if that

Page 25
2 person has pro-life positions?
3 A. We'll ask them. So there's --
4 there's two big -- two -- two big ways. One of them,
5 obviously, is -- the big filter is -- you know the --
6 if -- if they learn about the position through some
7 sort of ad -- advertisement that we're looking for
8 staff, we're fairly explicit about the fact that
9 we're looking for pro-life people. But then, also,
10 that's corroborated through the -- the interview
11 process.
12 Q. Do you look for an L.P.N. that
13 has any kind of experience in counseling,
14 specifically?
15 A. No, not that I'm aware of.
16 Q. Do you look for an L.P.N. that
17 has any kind of specific background?
18 A. In terms of what?
19 Q. Well, are you looking for an
20 L.P.N. who used to work in a nursing home? Are you
21 looking for an L.P.N. that used to work at, you know,
22 a school? I mean, is there any kind of experience --
23 medical experience, I guess, that you're looking for
24 in an L.P.N. to work at Evergreen?
25 A. No. We're just -- we're just

Page 26
2 looking for, you know, basic requirements and -- and
3 then anything that's specific to the, you know,
4 Evergreen's mission, that's typically going to have
5 to be taught or -- or they're going to have to learn
6 it somehow, to communicate the -- the -- the -- the -
7 - the needs of the patient.
8 Q. All right. So you said it could
9 be -- you could learn about an L.P.N. applicant's
10 pro-life position either through, I guess you said
11 the advertisement or the interview process. Can you
12 explain the interview process for an L.P.N. being
13 hired by Evergreen?
14 A. So it's -- it includes the -- the
15 -- the applicant contacting Chris Slattery, and Chris
16 Slattery, you know, going -- you know, having a -- a
17 phone conversation or a series of emails, to
18 ascertain whether this person is actually licensed to
19 practice as an L.P.N. in the State of the York, and -
20 - and then a series of questions about the nature of,
21 you know, who this person is and -- and their pro-
22 life convictions.
23 Q. How does the -- how does
24 Evergreen determine an applicant's pro-life
25 conviction -- convictions in the interview process?

Page 27
2 A. We'll ask questions like have you
3 had any experience with abortion? Can you tell us a
4 little bit about that? We'll ask -- we'll ask -- you
5 know, are -- are you pro-life with what -- you know -
6 - what makes you pro-life? What -- you know, these
7 kinds of things?
8 Q. When you say experience with
9 abortion, what does that mean in the question that's
10 asked of applicants?
11 A. Well, we're just trying to, you
12 know, create a dialogue, trying to figure out, in ---
13 in many ways what's -- if -- if this person is pro-
14 life and -- and we want to know what their experience
15 with abortion, because it -- it's, in some ways,
16 important for us to know if -- if their pro-life
17 convictions extend to, you know, other behavior.
18 We don't necessarily -- we don't -- as
19 you probably are aware, many people have had
20 experience with abortion. The question is how has
21 that been handled. You know, there's lots of
22 different reasons for us to be concerned about past
23 experience with abortion, especially if that person -
24 - for example, Chris Slattery had some serious
25 concerns about hiring people who have not dealt with

Page 28
2 their past -- excuse me -- their past experience with
3 abortion.
4 So we -- you know, he was concerned
5 about, you know, scars, for example, emotional
6 concerns relative to abortion decision making in a --
7 in a person's personal experience.
8 If somebody, for example, has had an
9 abortion, we want to make sure that they went through
10 the appropriate kind of healing process, whether it
11 be one-on-one counseling or group counseling that's
12 available. And then at -- at that point, we -- you
13 know, we could say they would be, you know, able to
14 interface with -- with other women facing that same
15 decision-making process.
16 Q. I kind of want to explore this --
17 the phrase, experience with abortion, to kind of find
18 out -- you gave me one example that if someone had --
19 I think you said if someone had had an abortion, you
20 want to make sure that they dealt with it emotionally
21 or -- or psychologically. Is that –- am I accurate?
22 A. Emotionally, yeah.
23 Q. Okay. What other kinds of things
24 are you looking to explore with an applicant when
25 you're asking about their, quote, unquote, experience

Page 29
2 with abortion?
3 A. Well, sometimes, you know, they -
4 - they might have had a child that had an abortion.
5 They might have been pressured to get an abortion
6 themselves and didn't, or get pressure to get
7 abortion themselves and did and regretted it or got
8 angry about it. They might've had -- their -- their
9 parents might have had -- you know, had experienced
10 unplanned pregnancy with a sibling -- a sibling and
11 considered abortion and had an abortion. There's --
12 there's lots of different scenarios.
13 I would say, you know, in our
14 experience, abortion is -- is ubiquitous throughout
15 the country and has been since 1973. So it's -- you
16 know, it's a very common reality for -- for many
17 people to have experienced some direct or tangential
18 interface with -- with abortion. So it's -- it's
19 important for us to know what that is and how that --
20 how it impacts their -- their view of abortion and –-
21 and -- and their view of their pro position too.
22 Q. If Evergreen is interviewing an
23 applicant and -- about their experience with abortion
24 and that applicant asked Evergreen, what do you mean
25 by that, would you say something other than what you

Page 30
2 just told me? Or is there something that you would
3 specifically try to elicit from them?
4 A. No, we just want to know their
5 experience.
6 Q. Okay. And would -- how would
7 their answers to the questions about their experience
8 with abortion affect the hiring process?
9 A. Well, if -- if -- if they
10 participated in abortion, for example, in some form
11 or fashion, and would do it again, that would
12 preclude us from hiring them.
13 Q. And if you say would do it again,
14 does that -- let -- let's focus on the L.P.N. for
15 right now? If an L.P.N. said to you, I have part --
16 as an L.P.N., I have participated in an abortion in,
17 you know, assisting a woman in getting an abortion,
18 would the conversation stop there or would it
19 continue?
20 A. Oh, no, it would continue. We'd
21 want to explore what that meant.
22 Q. Okay. And is there -- what about
23 the -- I -- I -- I kept trying to say this to my
24 colleague the other day, ultrasonographer, is that
25 right?

Page 31
2 A. Yeah.
3 Q. I didn't know it was a thing. I
4 thought -- I thought the sonogram and ultrasound were
5 two different things until Friday. What kind of
6 qualifications is Evergreen looking for when they
7 hire an ultrasonographer?
8 A. Well, somebody who's proficient
9 in the use of ultrasound technology, specifically
10 limited obstetrical ultrasound. If they don't have
11 experience in -- you know, with limited obstetrical
12 ultrasound, we can help them. If -- if they -- if
13 they qualify, generally, we can -- we can -- we can
14 help them get trained.
15 Q. And what would the
16 ultrasonographer's job be?
17 A. Their job is -- is to provide
18 ultrasound scans for the purpose of pregnancy
19 diagnosis when a patient presents with a positive
20 pregnancy test.
21 Q. Does the ultrasonographer speak
22 with the patient?
23 A. Oh, sure, yeah.
24 Q. Do they provide -- do they
25 provide information to the patient, directly?

Page 32
2 A. Yes.
3 Q. What kind of information does the
4 ultrasonographer provide?
5 A. Well, they're going to be
6 probably helping the patient navigate what they're
7 seeing on the ultrasound screen, I -- I'm seeing what
8 I should be seeing, I'm not seeing what I should be
9 seeing, you know, that sort of thing.
10 Q. Anything other than technology
11 or, you know, technological or medical information,
12 would -- does that -- does the ultrasonographer
13 provide to the patient?
14 A. Their primary job is to provide
15 the ultrasound scan. It's highly likely that they're
16 going to be interacting with the patient, you know,
17 on a -- on a -- a level that would discuss the nature
18 of her pregnancy as it relates to abortion. But
19 that's not their primary -- that's not their primary
20 goal.
21 Q. Okay. So how would that come
22 about? The technician is doing the scan and
23 providing the information about the scan to the
24 patient. How does information about abortion come up
25 in that kind of situation?

Page 33
2 A. Well, you know, depending on how
3 far along a patient is -- is in the pregnancy, for
4 example, if -- if say she's -- you know, if she's
5 twenty-one weeks along, twenty-four weeks along,
6 she's going to have difficulty -- that's -- that's --
7 that's pretty far along in the pregnancy.
8 If she's six weeks along, seven weeks
9 along, that's very early in the pregnancy. So that
10 has different ramifications on decision making for a
11 woman who's considering abortion because there's
12 different types of abortion procedures that she would
13 be eligible to receive, which comes with different
14 side effects and different costs associated. So she
15 may be asking questions about -- a patient may be
16 asking questions about that, you know, as the
17 information comes to her.
18 Q. I just don't know the answer to
19 this. So does an ultrasonographer know about
20 abortion procedures and the ins and outs of those as
21 part of their training?
22 A. No. No, not generally.
23 Q. Oh, okay. So –-.
24 A. I don't think ultrasonographer
25 training includes information -- the -- the -- the

Page 34
2 training that they would get or the expectations they
3 would receive from Evergreen regarding limited --
4 limited obstetrical ultrasound in the context of
5 unplanned pregnancy would -- would come from
6 Evergreen, not from their ultrasound training in
7 particular.
8 Q. Okay. And does Evergreen train
9 an ultrasonographer, about what information to
10 provide to a patient who's gotten a scan?
11 A. Yes. Or they'd outsource the
12 training to other organizations.
13 Q. Okay.
14 A. So generally, you know, we would
15 rely on L.P.N.s to provide most of the counseling and
16 the sonographers to provide, you know, the -- the
17 direct imaging diagnostic.
18 Q. Okay. So it's -- it's
19 Evergreen's expectation that the ultrasonographer is
20 providing the scan, explaining the scan to the extent
21 the patient has questions about it, and at that
22 point, if there's any discussion about what the
23 patient's, you know, options are or choices are,
24 those would be discussed with the L.P.N.?
25 A. Ideally.

Page 35
2 Q. Okay. Okay. So are the
3 ultrasonographers directed or trained or told by
4 Evergreen to have any specific kind of conversation
5 with a patient that's there for a scan, other than
6 what's going on in the scan and what it shows?
7 A. Not to my knowledge. I -- I --
8 you know, the -- the prime -- the ultrasound scan
9 speaks for itself, for the most part. It really is
10 critical information to make -- for a woman to make
11 an informed decision. So, you know -- you know, the
12 -- the ultrasonographers are not muzzled. Let's put
13 it that way.
14 They're going to -- they're going to -
15 - they're going to speak when spoken to, and they're
16 going to provide information that they believe the
17 patient needs at the time within their scope or,
18 personally, when it's outside their scope.
19 Q. Does the ultrasonographer provide
20 the scan and the information gathered from the scan
21 to the L.P.N.?
22 A. The L.P.N. has access. Yeah,
23 they'll -- they'll -- they'll know.
24 Q. Does the -- is it -- does the
25 L.P.N. discuss the scans with the patients?

Page 36
2 A. In all likelihood.
3 Q. So I know you said the Jackson
4 Heights office is one to two times per month on a
5 part-time basis. Is it always the same L.P.N. and
6 same ultrasonographer that staff that office?
7 A. I believe so.
8 Q. Okay. Do you know the names of
9 those people, currently?
10 A. I think Dina was the L.P.N. that
11 went to Queens. And so Maxine is the
12 ultrasonographer.
13 Q. Do you happen to know their –-?
14 A. I -- I -- I -- I'd have to check
15 that. But yeah, it would -- it would likely be Dina
16 and Maxine.
17 Q. Do you happen to know their last
18 names off the top of your head?
19 A. No.
20 Q. Okay.
21 A. I don't.
22 Q. It's okay. How do women -- do --
23 do women make appointments to come into that office?
24 A. Yes.
25 Q. How are those appointments made?

Page 37
2 A. The scheduling -- so there's a
3 scheduling process. The scheduling line goes to our
4 scheduler, who is also a counselor. Her name is
5 SolAngel.
6 Q. And the scheduling line is a
7 phone line?
8 A. Yeah.
9 Q. Is there an electronic way to
10 make an appointment?
11 A. No.
12 Q. In your experience -- in the
13 experience of Evergreen, how do women come to find
14 that -- to find and use that line?
15 A. Various marketing outlets, you
16 know, there's traditional marketing that's been used
17 through Evergreen, and there's online marketing
18 outlets that -- that are also used. So Google
19 AdWords, I think. I mean, over the years there have
20 been, you know, any number of marketing tactics that
21 have been deployed.
22 Q. And when a woman has an
23 appointment at the Jackson Heights office, what takes
24 place when she arrives?
25 A. Well, she would come into the

Page 38
2 reception room and she'd be greeted by, you know,
3 either a receptionist or, if there's no receptionist,
4 she'd be -- she'd be greeted by the person performing
5 the services directly, and then would be escorted to
6 the exam room.
7 And -- and she would -- there --
8 there'd be a -- a urine pregnancy test performed. If
9 that's positive, then there would be an ultrasound
10 scan performed, as well. There'd be a brief
11 discussion around, you know, health history that
12 would provide some -- some additional information
13 relative to what to expect in an ultrasound scan.
14 So, for example, her last menstrual period.
15 And the ultrasound -- ultrasound scan
16 would be conducted. And there would be discussion
17 around her intentions. And there would -- there
18 would be assistance provided to her with respect to
19 referrals for community -- other community assistance
20 that would help -- you know, make her less -- less
21 vulnerable to the abortion decision, in terms of
22 different types of support, material assistance,
23 counseling, you know, housing, et cetera.
24 Q. Do you know if there's a
25 receptionist that works at the Jackson Heights

Page 39
2 office?
3 A. It's a shared office, so I -- I
4 can't speak to whether or not a receptionist is going
5 to be there at all times. So to my knowledge, there
6 is -- Evergreen does not employ a receptionist.
7 Although in the past there may have been some
8 volunteer reception being done.
9 Q. Okay. And when you say there's
10 discussions about the patient's intentions, how does
11 that discussion begin?
12 A. That's oftentimes
13 straightforward. You know, patients are -- you know,
14 what -- what is your intention? What -- what are you
15 -- you know, are you -- are you intending to abort?
16 What -- what are your concerns? What are your fears?
17 These kinds of, you know, questions, this dialogue.
18 Q. And that kind of dialogue is had
19 with the L.P.N. Is that right?
20 A. Yes. I mean, you know -- the --
21 I'm not saying that this kind of dialogue doesn't
22 happen with ultrasonographers, to be clear. But
23 that's generally how it would go.
24 Q. Is that kind of dialogue ever
25 started by an ultrasonographer?

Page 40
2 A. Possibly. I mean -- the – the --
3 the -- the -- the -- the -- the presumption is that
4 women are coming to see us because they're facing
5 unplanned pregnancy. And the -- the advertising
6 that's -- that's being used is -- is generally
7 targeting women with unplanned pregnancies
8 considering abortion. So, you know, it's a -- it's
9 kind of an -- an expectation that we would be
10 discussing these types of -- of concern.
11 Q. Right. And I can understand that
12 with the -- the L.P.N. who's providing -- you know,
13 doing the medical exam and having that conversation -
14 - a conversation with the patient. I'm just curious
15 whether there are situations where you would expect
16 the ultrasonographer to be starting that kind of
17 dialogue with a patient?
18 A. I mean, if the -- if the
19 ultrasonographer is alone -- for example, I mean if -
20 - if, for whatever reason, you know, she doesn't have
21 an L.P.N. with her, she's still going to want to make
22 sure the patient gets the information she needs to
23 make a -- a -- a decision that's well informed and
24 supported. So, you know, I -- it's definitely a
25 possibility.

Page 41
2 Q. And are there situations where a
3 woman would come in and only see the ultrasonographer
4 and there's no L.P.N. on premises?
5 A. Yeah, I would -- yes. I think --
6 I think that that would be -- I -- I -- I don't know
7 how often that's happened, but that's definitely a
8 possibility.
9 Q. Okay. And is there a different
10 expectation placed on the ultrasonographer in that
11 situation, as opposed to be -- as opposed to the
12 situation in which the ultrasonographer is working in
13 tandem with an L.P.N.?
14 A. There would be -- there would be
15 a presumed -- kind of a presumption of polygrapher to
16 -- to make sure that information that would normally
17 be provided by an L.P.N. would be -- would be somehow
18 delivered to the patient.
19 Q. What kind of information is that?
20 A. Information about community
21 assistance or any kind of referrals information, any
22 -- any information that the patient -- any questions
23 that she might have regarding abortion and the -- the
24 -- the risks and side effects, the costs, et cetera.
25 Q. And how does the ultrasonographer

Page 42
2 know that information to provide it?
3 A. That's, you know, given to her
4 through her employment through Evergreen.
5 Q. Are you aware of any -- has any
6 employee at the Jackson Heights location ever been
7 terminated because of her or his own healthcare
8 decisions?
9 A. Not that I'm aware of, no.
10 Q. Has an employee at the Jackson
11 Heights office ever been fired or -- because she's
12 had an abortion?
13 A. Not that I'm aware of.
14 Q. Has any employee at the Jackson
15 Heights office ever been fired because she's used
16 birth control?
18 Q. Does the Jackson Heights office
19 provide any information to patients about birth
20 control?
21 A. Well, yeah, so that would be --
22 if -- if a -- if a patient's asking about it, the
23 Evergreen Association's position around birth control
24 is largely consistent with the Catholic Church and
25 their teachings about birth control.

Page 43
2 And the specific concern here has to
3 do with abortifacient -- the abortifacient nature of
4 certain types of birth control. So that would be
5 information that -- that would be or could be
6 provided.
7 Q. Is it provided as part of general
8 information provided by Evergreen, or is that
9 provided when a patient specifically asks about it?
10 A. I think it's when a patient
11 specifically asks about it. I mean, she's -- I mean
12 the -- the contraception issue is not really an
13 issue, you know, when we're dealing with unplanned
14 pregnancy.
15 Q. Okay. Does Evergreen only focus
16 on unplanned pregnancies?
17 A. What -- in terms of patient
18 services, yes.
19 Q. Okay. Are you -- do you know the
20 name of anyone who worked at the Jackson Heights
21 location and no longer works there?
22 A. Well, you have the list of all
23 past employees that we could -- we could identify.
24 All of them that -- that live -- live in the vicinity
25 could have or -- or may have worked at the Queens

Page 44
2 location at one point or another.
3 Q. Okay. I know earlier you said
4 that these three are the three remaining locations
5 and there had been more. Can you talk me through
6 what was the -- what was the highest -- the largest
7 number of locations that Evergreen had at one point
8 in time? Do you know?
9 A. Well, from -- from my
10 understanding, there were fourteen at one time.
11 Q. Okay. Do you know when there
12 were fourteen?
13 A. No.
14 Q. And do you have any understanding
15 as how it went from fourteen to three?
16 A. Over the course of the last,
17 probably, ten years, Evergreen, you know, wanted to
18 move more towards a -- a -- a medical model of
19 service. And of course, that's -- that's more
20 expensive and -- and it -- it takes a lot more energy
21 and -- and -- and money to sustain those kinds of
22 operations. And so he had to constrict.
23 Q. Okay. So as it switched to a
24 medical model -- model of service, it -- Evergreen
25 lessened the number of available sites in order to --

Page 45
2 because of the energy and the money involved in
3 running that kind of platform?
4 A. Yes.
5 Q. Okay. Do you know how long
6 they've been at -- been at three?
7 A. Probably the -- the three that
8 we're talking about, you know, at least ten years.
9 Q. Okay. During the last ten years,
10 have there ever been more than three?
11 A. Yes.
12 Q. Okay. Since 2019, have there
13 been more than three?
14 A. I believe that there was a White
15 Plains, they -- they -- Evergreen was trying to run a
16 White Plains office.
17 Q. Okay.
18 A. That might have been around that
19 timeframe when they, closed, 2020, 2021, something
20 like that. Yeah.
21 Q. Okay. So since 2019, is it fair
22 to say that it's the Jackson Heights, Brooklyn,
23 Bronx, and potentially White Plains --
24 A. Yeah.
25 Q. -- that have been an operation?

Page 46
2 Okay. What does it mean to you -- what -- what do
3 you mean when you say medical model of service?
4 A. Essentially, you know, to provide
5 -- you know, when a woman comes in, it's not -- I --
6 I -- I'm using that term as -- as opposed to strictly
7 lay counseling, if you will. There's elements of,
8 you know, baseline medical care associated with
9 interfacing with a patient or a woman in a first
10 appointment that are critical to -- to her decision-
11 making process that are -- that Evergreen seeks to
12 provide her.
13 Q. Can you describe to me what you
14 meant -- what you mean by strictly lay counseling?
15 A. You know, strictly lay counseling
16 would refer to, you know, providing no medical care
17 whatsoever. And when a woman comes in, seriously --
18 facing unplanned pregnancy and considering abortion,
19 she would receive counseling from someone who has
20 been trained by a pregnancy center or other
21 organization that would help her understand the
22 nature of unplanned pregnancy, the nature of abortion
23 relative to risk, side effects, cost, et cetera, and
24 help her navigate the kind of decision-making process
25 while also navigating the -- the community resources

Page 47
2 available to support her.
3 More like a social -- more like a
4 social worker, if you will, to help her to manage the
5 case.
6 Q. So in the medical model of
7 service, this kind of counseling that's taught by a
8 pregnancy center is not done?
9 A. It's possible that there are
10 certain elements of -- of counseling, if you will,
11 that are -- are taught to and -- and used by L.P.N.
12 or -- or -- or an ultrasonographer.
13 Q. Okay. But their focus is
14 supposed to be towards the medical piece of what's
15 going on with the patient, as opposed to providing
16 information strictly generated by a pregnancy center
17 or someplace of -- of that nature?
18 A. Right.
19 Q. All right. How many people work
20 at the Bronx location?
21 A. Well, primarily, three.
22 Q. Okay. And what positions are
23 those?
24 A. There's the counselor. There's
25 an ultrasonographer, and then the -- we have a -- the

Page 48
2 person that kind of handles material assistance from
3 time to time.
4 Q. What does that mean?
5 A. Like, so if -- if we -- we have
6 diapers or baby formula or things of that nature that
7 can be distributed to -- to women, that's what she
8 would do.
9 Q. And so she collects and
10 coordinates -- she or he collects or coordinates the
11 issuance of those kind of --
12 A. Yep.
13 Q. -- materials?
14 A. Yep.
15 Q. That person doesn't have any
16 face-to-face interaction with patients?
17 A. Not to my knowledge.
18 Q. So there's no L.P.N. in the
19 Bronx?
20 A. Well, the -- that's -- there --
21 there can be an L.P.N. in the Bronx. Mostly the -- I
22 want to say mostly counseling, you know, kind of has
23 gone on in the Bronx. SolAngel did a lot of
24 counseling there. And she handles a lot of the --
25 the counseling -- phone counseling and scheduling.

Page 49
2 But -- yeah.
3 Q. So explain to me what an
4 appointment at the Bronx office looks like for a
5 patient?
6 A. Well, a woman would be scheduled
7 for -- for an appointment. She would come in and she
8 would be received by the counselor and they would sit
9 down and -- and talk through the -- the patient's
10 current situation and -- and identify what -- what
11 the kind of risk factors are in -- in terms of the --
12 the things that are driving her to consider abortion,
13 and then to find -- you know suitable community
14 resources to help alleviate some of those -- those
15 risk factors.
16 Q. What kind of qualifications do
17 you look for in the counselor that would work in the
18 Bronx office?
19 A. Some -- somebody who's
20 passionately pro-life, somebody who loves people.
21 Obviously, somebody who is -- is willing to do -- to
22 serve in -- in -- in such a way that can and get
23 women access to the resources they need. A very
24 large underserved population in the Bronx. Somebody
25 that -- that's willing and able to work with people

Page 50
2 who don't speak English very well. You know, so --
3 SolAngel is -- is bilingual. She speaks Spanish, as
4 well.
5 Q. Does Evergreen look for a
6 counselor that has any background in counseling or
7 social work?
8 A. That -- that would be ideal, but
9 not necessary.
10 Q. So just so I understand, the
11 person that -- that -- the people that are hired to
12 be a counselor at the -- at the Bronx office is
13 someone who, I think you said, loves people, good
14 with people, and -- and is passionately pro-life. So
15 is it fair to say that Evergreen looks for someone to
16 hold this position that will provide the information
17 that Evergreen wants her to provide?
18 A. Oh, and that she wants to
19 provide, yes. There has to be some alignment, some
20 synergy between a prospective counselor and the
21 mission of Evergreen relative to the pro-life
22 mission. We -- we don't hire people that could or
23 would refer or counsel women to get an abortion.
24 Which –-.
25 Q. Here's what I'm trying to get at

Page 51
2 -- is that you're not necessarily looking for someone
3 with a counseling background. You're looking for
4 someone whose values about abortion coincide with
5 Evergreen’s? Is that fair to say?
6 A. Oh, first and foremost, yes.
7 Q. Okay. It's not necessary that
8 that person has experience in clinical counseling or
9 social work or anything like that?
10 A. No. Huh-uh.
11 Q. Okay. All right. So once a
12 patient comes in and is greeted and spoken to by the
13 counselor in the Bronx, what happens next at an
14 appointment?
15 A. Well, they identify next steps
16 for -- if -- if there's anything, you know, that's
17 needed, you know, an emergent basis. I mean, there's
18 -- there's probably phone calls that can be made to
19 connect the patient with -- or the client with, you
20 know, community services or resources. You know,
21 it's --.
22 Q. Sorry, I don't mean to cut you
23 off.
24 A. Yeah. So if they need materials
25 -- material assistance, you know, in some form or

Page 52
2 fashion, we could either provide that ourselves or,
3 you know, we could, you know, identify organizations
4 that could help her there.
5 Q. Is it the case that most people
6 that come into the Bronx location already know
7 they're pregnant?
8 A. Yes. Most women know they're
9 pregnant before they come.
10 Q. I think you said in Jackson
11 Heights, there's pregnancy confirmation testing done.
12 Is that not done in the Bronx?
13 A. Yes. It -- it can be done in the
14 -- it is done in the Bronx, to my knowledge, as well
15 as ultrasound scans. So that -- that has been done
16 in -- in -- in -- in the Bronx, as well. So as I
17 described, the -- the services in Queens relative to
18 the delivery of medical services, in particular,
19 those -- those same things could be done in the Bronx
20 Q. By an L.P.N. and an
21 ultrasonographer?
22 A. Correct.
23 Q. Okay. Is there ever a situation
24 where a woman comes into the Bronx location, knowing
25 she's pregnant and undergoes a - a -- a scan?

Page 53
2 A. Knowing she's pregnant?
3 Q. Right.
4 A. Well that's -- I think that's the
5 case with every -- every patient who -- who comes in,
6 whether they're in Bronx or Queens or -- or wherever.
7 They come in, primarily thinking that they're
8 pregnant because they've taken a -- they've already
9 taken a -- a pregnancy test at home and it's
10 positive. And so they come in looking for
11 confirmation.
12 Q. Okay. Are scans ever done for a
13 reason other than confirming a pregnancy?
14 A. No.
15 Q. Are the counselor,
16 ultrasonographer, and the material assistance
17 employee at the Bronx all full-time?
18 A. No; they're all part-time.
19 Q. Okay. Does Evergreen employ any
20 full-time employees?
21 A. Well, Chris Slattery was full-
22 time. That was -- I think that was it.
23 Q. Okay. So every other employee of
24 Evergreen, as we sit here today, is part-time. Is
25 that right?

Page 54
2 A. Correct.
3 Q. And is there an expectation for
4 people that work part-time with respect to hours or
5 schedules?
6 A. Well, we like to have regular
7 schedules so that we can -- we can, you know, have a
8 consistent booking schedule.
9 Q. Do you know what the regular
10 schedule for the Jackson Heights office is?
11 A. Well, like I said, it's -- it's
12 an extremely part-time office, once or twice a month.
13 I -- I can't tell you the exact -- sometimes the day
14 is canceled if there's no patients scheduled. So, I
15 can't tell you other than that.
16 Q. Is -- is it the case that the one
17 to two times a month is scheduled in advance on a
18 regular basis, or could it just randomly pop up, I
19 guess?
20 A. It's -- it's possible it's
21 random. You know, if -- if there's a patient that's
22 down there, they can't get to, say, Brooklyn, you
23 know, that -- that would be a -- a time when they
24 would just open the office for that patient.
25 Q. Is there a regular schedule for

Page 55
2 the Bronx office?
3 A. No. Again, very -- it's a --
4 it's a part-time office. Brooklyn -- the Brooklyn
5 office is the one that's got the -- the -- the
6 regular schedule where it receives the lion's share
7 of the patients.
8 Q. Do you have any understanding of
9 how many times a month the Bronx office is open?
10 A. I mean, it's -- it's -- it's more
11 -- it's definitely more than -- I would say, it's --
12 it's weekly, probably two or three times a week, but
13 in that sense, it's a lot more than Queens. The
14 demand is higher.
15 Q. And do you know how many patients
16 per day are seen in the Bronx?
17 A. I don't.
18 Q. Do you know how many patients per
19 -- per day are seen in Jackson Heights?
20 A. Zero to one.
21 Q. So it's -- it's most common in
22 Jackson Heights that they'll have -- they'll open to
23 have one patient only come in for care?
24 A. Yes.
25 Q. Do you know the name, other than

Page 56
2 SolAngel, of anyone who currently works in the Bronx
3 office?
4 A. Heylix is the material assistant
5 person. She -- she would work out of the Bronx
6 office. And Tiffany, who's an L.P.N., she would
7 probably work out of the Bronx office if the need be.
8 Yeah.
9 Q. Do you know who the
10 ultrasonographer in the Bronx is?
11 A. Well, I'm not -- honestly, I -- I
12 -- I don't know which one would -- would toggle over
13 to the Bronx office. Usually, it would be one of the
14 two, but I don't -- I don't know which one.
15 Q. Okay. The -- the medical
16 assistance employee, what kind of qualifications does
17 Evergreen look for for that person?
18 A. The medical assistance employee?
19 Q. Right.
20 A. Which are you -- are you
21 referring to a job description?
22 Q. I'm sorry -- I -- I'm sorry.
23 Material assistance.
24 A. Oh, okay. Yeah -- yeah.
25 Q. I'm sorry. I couldn't read my

Page 57
2 own writing.
3 A. No -- no, it's okay. I -- at
4 this point, you know, the -- anybody who's -- who's
5 willing and -- and able to, you know, inventory
6 material and get -- and -- and -- and -- and they're
7 mobile enough to be able to move material to -- or --
8 or deliver material to another organization or
9 person.
10 Q. And can you just tell me how does
11 Evergreen get those materials?
12 A. Oh, they’re donated by various
13 people or organizations. Just -- you know.
14 Q. And then the -- those donated
15 materials are provided to other organizations by
16 Evergreen?
17 A. Yes. So they’re either delivered
18 to other organizations that -- who in turn then
19 deliver them to people that need them, or -- or we
20 can deliver them directly to our patients.
21 Q. Okay. And who does those kinds
22 of deliveries directly to patients?
23 A. Volunteers do a lot of that. A
24 lot of volunteers doing -- doing material assistance,
25 deliveries, and the management of -- of -- of some of

Page 58
2 that -- of some of those materials is done by Heylix,
3 I believe.
4 Q. I think you said that the Jackson
5 Heights site is in a shared space. Am I -- is that -
6 - am I getting that right?
7 A. Correct.
8 Q. Who does it share space with, do
9 you know?
10 A. There's another -- I want to say
11 he's a cardiologist, but I don't know -- I don't know
12 their specialty. Another physician -- another
13 physician.
14 Q. And I'm assuming there's somebody
15 somewhere that takes care of the physical space, like
16 cleaning it, that kind of stuff. Is that somebody
17 employed by Evergreen or employed by someone else?
18 A. That's the responsibility of the
19 landlord.
20 Q. Okay. Does Evergreen own any
21 real estate?
22 A. Yes.
23 Q. Okay. What -- what real estate
24 does Evergreen own?
25 A. It's a house in the Bronx for the

Page 59
2 internship program.
3 Q. Any other spaces owned by
4 Evergreen?
5 A. No.
6 Q. So are the Jackson Heights,
7 Bronx, and Brooklyn sites rented?
8 A. Yes.
9 Q. Is there more than one counselor
10 that works in the Bronx office?
11 A. No.
12 Q. Do you know the -- is that
13 SolAngel? Is she the counselor there?
14 A. Correct.
15 Q. Okay. And she's also the one
16 that does the scheduling through the hot -- through
17 the number. Is that right?
18 A. Correct.
19 Q. Does she physically sit in the
20 Bronx office when she does that?
21 A. Oh, sometimes, but not always. I
22 mean, the -- you know, she'll -- she'll take phone
23 calls wherever she is.
24 Q. Okay. What does the physical
25 space look like in the Bronx? Is there a waiting

Page 60
2 room, an exam room, anything like that?
3 A. There is an exam room. There is
4 a -- a -- not a waiting room, per se. There is a
5 material assistance room where materials are stored.
6 Like I said, we're -- we're transitioning out of that
7 space into a new space, so we're -- we're -- but
8 that's generally how -- you know, how it is -- how --
9 how -- or was.
10 Q. Is that similar to the space in
11 Jackson Heights?
12 A. Jackson Heights has an initial
13 waiting room. And then we've got access to exam
14 rooms -- an exam room and a bathroom.
15 Q. Okay. Does the ultrasonographer
16 and the L.P.N. both work in the exam room --
17 A. Yes.
18 Q. -- in Jackson Heights?
19 A. Yeah.
20 Q. And do they work in the same room
21 in the Bronx?
22 A. Yes, there's -- yes.
23 Q. Has anyone that's worked in the
24 Bronx office since 2019 ever been terminated because
25 she's had an abortion?

Page 61
2 A. Not to my knowledge, no.
3 Q. Has any employee at the Bronx
4 location ever been terminated because she's used
5 birth control?
7 Q. Have you ever had an employee of
8 Evergreen refer a patient to places that offer
9 abortion services?
11 Q. Has Evergreen ever referred a
12 patient to an organization that provides birth
13 control to patients?
14 A. Probably. And the reason I say
15 that is because, you know, we refer patients to --
16 you know, for prenatal care and I'm guessing that,
17 you know, given the ubiquitous nature of
18 contraception, that those medical offices would --
19 would do that. But I don't know that for sure.
20 Q. Okay. Has an employee ever been
21 terminated from Evergreen for referring a patient to
22 an organization that provides birth control?
24 Q. Right. So you've been telling me
25 that Brooklyn's a big office. So who works -- what

Page 62
2 kind of -- what employees work there, by position?
3 A. Well, both ultrasonographers,
4 both L.P.N.s. Yeah, that's so -- you know, I'd say
5 SolAngel basically focused on the Bronx, but -- but
6 she supports the Brooklyn office scheduling.
7 Q. So L.P.N.s and ultrasonographers,
8 similar to the Jackson Heights office then?
9 A. Yes.
10 Q. Okay. And would a patient's
11 experience at the Brooklyn office be similar to that
12 you described at the -- at the Jackson Heights
13 office?
14 A. Yes.
15 Q. Would anything different happen
16 for a patient at the Brooklyn office than what
17 happened at the Jackson Heights office?
18 A. No.
19 Q. Are there any -- so is the only
20 Evergreen office that employs a counselor the Bronx?
21 A. Yes.
22 Q. Is SolAngel the only counselor
23 currently employed by Evergreen?
24 A. Yes.
25 Q. How often is the Brooklyn office

Page 63
2 open?
3 A. Well Monday through Friday.
4 Q. What hours?
5 A. It's -- it's nine to five and
6 sometimes more, depending on patient load.
7 Q. But the L.P.N.s and the
8 ultrasonographers that work in Brooklyn don't work a
9 full-time schedule?
10 A. No. They'll -- they'll, you
11 know, they come in and out depending on the -- as
12 their schedule permits.
13 Q. Okay. Do you know the names of
14 the L.P.N.s in Brooklyn right now?
15 A. They're -- so Dina is an L.P.N.
16 I can't remember her last name. It's kind of a
17 Eastern European name. And then there's Tiffany. I
18 believe she's also their L.P.N.
19 Q. How long has Dina worked for
20 Evergreen?
21 A. I -- you -- I think we provided
22 that information. If we didn't, I know our attorney
23 will provide it to you. It's -- I -- I don't think
24 it's more than two years.
25 Q. Okay. How about Tiffany?

Page 64
2 A. Same -- about the same. But
3 again, I -- that -- that specific information, I
4 think is going to be given to you.
5 Q. Are there any other L.P.N.s,
6 currently employed by Evergreen, other than Dina and
7 Tiffany?
8 A. None that I'm aware of. There
9 may -- yeah, those -- those would be the active ones.
10 Q. I -- what are the names of the
11 ultrasonographers in Brooklyn?
12 A. Maxine is what -- well, that's
13 not her -- her given name. I think it's her middle
14 name. And you have to forgive me, I forgot -- I
15 forgot the other name.
16 Q. That's okay. Do you know the
17 name of the -- I don't think I asked you. The
18 ultrasonographer from the Bronx?
19 A. Well, again, I don't -- whichever
20 -- whichever one would -- is -- is in closest
21 proximity in terms of where they live would probably
22 be the one that would default to the Bronx.
23 Q. How many ultrasonographers are
24 currently employed by Evergreen?
25 A. Two.

Page 65
2 Q. Okay. So we have two L.P.N.s,
3 two ultrasonographers, the material assistant, and
4 SolAngel?
5 A. Yeah.
6 Q. Is that the entire world of
7 employees of Evergreen currently?
8 A. Heylix, which -- do you have her?
9 She's a material assistant.
10 Q. That's the material assistant?
11 A. Yeah. Yeah. Yeah, that's --
12 what was that? Six?
13 Q. Six. Okay. Has Evergreen ever
14 employed more than six people?
15 A. I think there's high -- yes. I -
16 - I -- although I can't -- I can't verify that right
17 now. I don't know for sure. But given the nature of
18 their -- their past -- the past size, it's likely
19 they've had -- they've hired -- they've had more than
20 six people on staff.
21 Q. Is Evergreen doing any hiring
22 now?
23 A. No; we -- we're satisfied with
24 the -- the current staff load.
25 Q. There's no current postings for

Page 66
2 any jobs at Evergreen that are still pending?
3 A. Not -- not that I'm aware of. I
4 didn't see anything that was active, so. And we're
5 not currently hiring.
6 Q. Are you currently looking for
7 interns?
8 A. No. That's -- that -- that
9 program's been paused until we can kind of sort
10 things out with Chris' death.
11 Q. When's the last time Evergreen
12 had interns?
13 A. I would think that last year
14 would be the late -- or the -- the -- the latest one.
15 But I -- I can't -- I can't verify that, either,
16 because I know Chris was looking for interns as -- as
17 late as last year. But I don't know if he actually
18 hired them.
19 Q. Were they -- were interns used at
20 Evergreen throughout the year, or just this summer,
21 or something different?
22 A. That was throughout the year.
23 Q. And were they hired on for a
24 specific term, do you know?
25 A. Sometimes they were hired on for

Page 67
2 the summer, in terms of a specific, you know, term as
3 it were. I know there are some that worked for a
4 year.
5 Q. You mentioned earlier that
6 Evergreen owns a house that's used for interns. Is
7 that -- am I right about that?
8 A. Correct.
9 Q. Okay. How is that house used for
10 interns, or how has it been used for interns?
11 A. It's been used for interns for
12 housing purposes, like, you know -- so if they're --
13 if they're coming into New York from someplace else,
14 they would need a place to stay.
15 Q. And what was provided to them, if
16 anything, other than just a place to stay in that
17 house?
18 A. So supervision, meals, obviously
19 the free housing as part of compensation, and a
20 stipend. You know, as well as they -- they also get
21 -- I -- I -- like a transportation -- a public
22 transportation card to get around.
23 Q. What kind of supervision was
24 provided to interns in that -- in that house?
25 A. So there were -- you know, any --

Page 68
2 any -- there -- there were people assigned to --
3 apparently there were people assigned to managing any
4 -- any health concerns that they might have, people
5 assigned to taking -- making sure that the -- the
6 facility was kept up and that it was maintained
7 appropriately. Yeah.
8 Q. How would --?
9 A. I’m not exactly -- I'm not
10 exactly sure how the -- the supervision interacted
11 with the interns. But nevertheless, it was -- it was
12 -- there were two women, I believe, that we're
13 assigned to that.
14 Q. Did they live in the house with
15 them?
17 Q. Okay. When Evergreen had intern
18 -- well, is there a plan in place to restart the
19 intern program at some point?
20 A. There is no plan in place at this
21 point.
22 Q. Okay. So currently Evergreen has
23 no interns. Is that right?
24 A. Correct.
25 Q. And there's no current plan to

Page 69
2 get one, as we sit here today?
3 A. No, we haven't gotten there yet.
4 Q. Okay. When there were interns,
5 were their activities monitored in any way by anybody
6 at Evergreen?
7 A. Well, they were -- they must --
8 yes, I mean, they -- they were -- they were employed
9 to help with Sidewalk advocacy and to help direct
10 patients to, you know, in-person services in the
11 Bronx, Queens, and Brooklyn locations.
12 So that was -- a lot of that was in
13 conjunction with Chris Slattery, who, you know,
14 helped train them and -- and did work alongside them.
15 There was also kind of education initiatives that
16 went along with it. They would -- they would go to
17 certain places together. They would go to church
18 together, things like that.
19 Q. Okay. So it sounds like their
20 training was supervised, their work on behalf of
21 Evergreen was supervised. Was there otherwise
22 personal activities monitored in any way?
23 A. I'm not sure, quite -- quite
24 frankly. It's -- it seemed relatively independent
25 living, so to speak, with -- with access to the

Page 70
2 independent living by -- by supervisors at -- at
3 their discretion.
4 Q. Okay. Was there a code of
5 conduct that the interns were expected to comply
6 with?
7 A. Yes.
8 Q. And do you know how long that
9 code of -- the last one that existed, so I guess the
10 most recent code of conduct that interns were
11 expected to comply with, do you know how long that
12 was in existence?
13 A. Well, I don't know how long the
14 written code of conduct was in -- in -- in existence,
15 but I can tell you that the code of conduct was
16 probably in existence since -- since the beginning of
17 the internship program.
18 Q. And did that predate 2019?
19 A. Yes.
20 Q. Do employees at Evergreen -- do
21 they have a code of conduct that they're expected to
22 comply with?
23 A. Yes.
24 Q. How do they learn about that?
25 A. Through the hiring process.

Page 71
2 Q. Is it given to them in writing,
3 do you know?
4 A. It traditionally has not been, to
5 my knowledge.
6 Q. Okay. So it's verbally explained
7 to them and they verbally agree to comply with it?
8 A. Yes.
9 Q. Do you know if anybody's -- oh,
10 sorry, go ahead.
11 A. I -- I -- I was just going to say
12 that it relates to -- code of conduct as it relates
13 to kind of a Biblical ethic of sexuality, abstinence
14 for non-married people, you know, no -- you know,
15 rejection of abortion, traditionally pro-life, and
16 the -- you know, basically upholding the teachings of
17 the Church as -- as it relates to abortifacient
18 contraception.
19 MS. KERWIN: Okay. Monique and Matt,
20 I'm going to look at the document that I think I
21 called Number Four. It's the document -- it's the
22 document production.
23 BY MS. KERWIN: (Cont’g.)
24 Q. And I'm going to ask Reverend
25 Harden, if you'll look at page C.S. zero three three

Page 72
2 three.
3 A. Got it. Zero -- C.S. zero --.
4 Q. Three three three.
5 MR. BELZ: Are you saying it's -- it's
6 page -- oh, yeah, I got it. Okay.
7 A. So you -- it's the document
8 Number Four.
10 Q. Yep.
11 A. I've got three hundred and
12 eighty-nine pages in Document Four.
13 Q. Okay. At the bottom of each
14 page, there's a stamp that your lawyer provided. And
15 it says C.S. and then a number.
16 A. Oh, okay. Got you. Okay. What
17 -- what was that again? C.S.?
18 Q. So zero three three three.
19 A. Okay.
20 Q. It looks like the example that
21 was provided to me is this is SolAngel's E.M.C. staff
22 statement of position, faith, and principle. Is that
23 -- would that be what I was calling a code of
24 conduct, or is it something different?
25 A. Yes, that's -- that's one way.

Page 73
2 That's definitely a -- a -- a clear example of how
3 code of conduct is --.
4 Q. Is communicated?
5 A. Yeah.
6 Q. Do you know if this is the
7 current one --
8 A. Yep.
9 Q. -- that current employees
10 would've signed?
11 A. Yep.
12 Q. And you don't -- don't -- I don't
13 think you may have answered this, but do you know how
14 long this has been in use?
15 A. Just a few months.
16 Q. Okay. What -- why did it come
17 into -- into use?
18 A. We wanted to clarify to make sure
19 everybody understood, given the nature of -- of the -
20 - the current political climate and, I'd say, current
21 hiring law that we're -- that we're dealing with
22 here. We wanted everybody to make sure that -- that
23 they understood Compasscare's positions and we wanted
24 to make sure we understood everybody else's position.
25 So -- we wanted –-

Page 74
2 Q. Okay.
3 A. -- a document that clarified
4 that, so that’s what this is.
5 Q. Okay. So -- so just so we can
6 make sure we're talking about the same thing. So
7 this lawsuit -- my understanding is this lawsuit is
8 challenging Labor Law 203-e, which I think is
9 colloquial called the Boss Bill. Is that your
10 understanding?
11 A. Yes.
12 Q. And is it your understanding that
13 this document was generated because of the Boss Bill?
14 A. Yes and no. You know, there's --
15 there's a kind of a -- a culture -- a pro-life
16 culture that -- that essentially was driving the
17 hiring practices of Evergreen, through the
18 personality of Chris Slattery. And upon his demise,
19 we wanted to kind of instantiate that through
20 documentation.
21 Q. Oh, okay. So this document
22 postdates Mr. Slattery's death?
23 A. Yes. We -- we -- we -- this –-
24 yeah, this was not Chris Slattery's document. This
25 was something I instituted after his death.

Page 75
2 Q. Okay. Do you know if something
3 similar existed before his death?
4 A. No.
5 Q. All right.
6 MS. KERWIN: Do you guys mind if we
7 take a five-minute break? I have a -- I have a box
8 on my computer that says it's going to restart on me,
9 and I don't know why, and I'm afraid I'm going to
10 lose you. So do you mind if we take a break until
11 about twelve forty? Or do you need more time?
12 MR. BELZ: Yeah, that's fine.
13 (Off the record)
14 (The deposition resumed at 12:40 p.m.)
15 THE REPORTER: On the record.
17 Q. Reverend Harden, I think when we
18 were -- we left off, we were discussing that you --
19 once Mr. Slattery passed, you developed this
20 statement of purpose for current employees to sign.
21 Am I right about that?
22 A. Yeah.
23 Q. Did you have employees who
24 already worked for Evergreen sign these?
25 A. Oh, yes.

Page 76
2 Q. Okay. And have -- has anyone
3 been hired by -- at Evergreen since you've taken
4 over?
5 A. No.
6 Q. To the extent that you'll need to
7 do hiring in the future, do you intend to have them
8 sign this or a similar document?
9 A. Yes.
10 Q. All right. And I think you were
11 explaining to me, when I cut us off, that you thought
12 it was necessary to develop this document and have
13 everyone sign it. I -- I didn’t write down the exact
14 words, but you said something about the political
15 climate?
16 A. Yes.
17 Q. What did you mean by that?
18 A. Well, I meant basically that we
19 have things like this -- this particular label, the
20 Boss Bill, that is potentially going -- infringing
21 upon our freedom of expressive association to, you
22 know, freely associate with like-minded pro-life
23 people in a way that helps to forge a more pro-life
24 community and nation. That's what -- that's what
25 we're all about. And that's what -- that's why we do

Page 77
2 what we do.
3 Q. Well, was this document developed
4 to provide information to your employee -- your
5 current employees? Or was it to provide information
6 to people that don't work there?
7 A. It was provided to our employees
8 so that we could ensure that our -- our employees,
9 they did, in fact, hold to the -- to the standards
10 that Evergreen Association espoused.
11 Q. Did you have any concerns they
12 weren't doing that?
13 A. Nope. No, we didn't have any
14 concerns. We just wanted to make sure that we're
15 moving forward in the -- the direction that Evergreen
16 intends.
17 Q. Okay. Okay. I’m going to ask
18 you to look at your response to interrogatory number
19 five. So I think it's -- I called it number three in
20 the group of documents that I sent over. And it's a
21 document entitled Plaintiff's Response to Defendant's
22 First Set of Interrogatories.
23 A. Yep. Yeah.
24 MS. KERWIN: Mark, can we mark this as
25 Exhibit Three? We'll make -- and I should have had

Page 78
2 the documents that we were looking at prior –-
3 previously, that included the statement of purpose.
4 Can we have that whole P.D.F. marked as Exhibit Two?
5 THE REPORTER: Okay. Got you.
6 MS. KERWIN: All right.
8 Q. Reverend Harden, do you have
9 interrogatory responses in front of you?
10 A. Yes.
11 Q. Okay. And I just want to direct
12 your attention to your response to interrogatory
13 five, which looks like it's actually on page five.
14 Do you see that?
15 A. Describe in detail how any
16 Plaintiff ascertains whether an employee or
17 prospective employee, et cetera, that one?
18 Q. Yes. Yes. I'm sorry. Yep.
19 A. Got it.
20 Q. Okay. And in that response, you
21 refer to an application questionnaire. It says --
22 this is about midway through the answer. It says see
23 C.S. zero zero four.
24 A. Yes.
25 Q. You see that? All right.

Page 79
2 A. Yep.
3 Q. Zero -- C.S. zero zero four is in
4 what I call number six. If you could look at that
5 now?
6 A. Sure.
7 Q. And you should be able to find
8 C.S. zero zero four at the bottom, on page four, I
9 think.
10 A. Page four. Okay.
11 Q. On top of it -- top of it says
12 please email your responses to Chris Slattery. Do
13 you see that?
14 A. Yes.
15 Q. All right. So interrogatory five
16 asked about how Evergreen would find out whether an
17 employee or prospective employee has had an abortion,
18 used birth control, or made any other reproductive
19 healthcare choice. And then the response referred me
20 to this document.
21 I just wanted to find out whether this
22 document that starts at C.S. zero zero four and goes
23 through, it looks like, zero zero seven, is that
24 filled out by employees or interns or both?
25 A. This would be filled out by

Page 80
2 interns who would be, you know, obviously treated as
3 employees. But so -- you know, this is basically a
4 gateway document. It's -- it's a filter. So
5 assuming that employees have already been hired,
6 they've already gone through some sort of filtering.
7 Q. Okay. Would this filter be used
8 if Evergreen were to hire someone, going forward,
9 that's not an intern?
10 A. Yeah, it's highly likely that we
11 would use questions similar to this --
12 Q. Okay.
13 A. -- that's not an intern. Yeah.
14 Q. Okay. And do you know whether
15 any of your current employees filled out something
16 like this or similar to this when they were hired?
17 A. I don't.
18 Q. But going forward, as, you know,
19 the president of Evergreen, you intend to use
20 something similar to this as, I think you said, a
21 gateway or an initial kind of interaction with a
22 potential employee?
23 A. Yes, we would.
24 Q. Okay. I think I've asked you
25 this question with respect to the Bronx and to

Page 81
2 Jackson Heights. So I just want to button up. Do
3 you know whether anyone has ever been fired from
4 working at the Brooklyn site for Evergreen because
5 they've had an abortion?
7 Q. Do you know if anyone's ever been
8 fired by Evergreen that worked at the Brooklyn site
9 for referring someone to an organization that
10 provides abortions?
12 Q. Do you know whether Evergreen has
13 ever fired anyone that worked at the Brooklyn office
14 because they used birth control?
15 A. Again, not to my knowledge.
16 Q. And just to finish up, do you
17 know whether Evergreen ever fired anyone that worked
18 at the Brooklyn office because they referred a
19 patient to an organization that provided birth
20 control?
23 ever changed an employee's job duties because of that
24 employee's experience with abortion?
25 A. I mean, not to my knowledge,

Page 82
2 although I can -- I can see that happening, possibly.
3 I don't -- but -- not to my knowledge.
4 Q. Okay. When you say you could see
5 it happening, can you give me an example?
6 A. So let's -- you know, if someone
7 had a -- an abortion in their past experience and
8 they’re -- they find themselves, say for example,
9 interfering with a patient, as an L.P.N., who is also
10 considering abortion who had similar life
11 circumstances, it may -- it may cause, you know, them
12 to experience emotional distress. And we want to
13 make sure that -- that they were taken care of. And
14 so we -- we’d try to mitigate, you know, any negative
15 emotional exposure she might have to -- to that. So
16 we might -- we might shift her job duties around
17 until she could, you know, get the necessary
18 counseling or help that she needed.
19 Q. Okay. So when you say she may
20 have an emotional response, you mean the employee?
21 A. Correct, yes.
22 Q. Okay.
23 A. It’s a very -- as you can
24 imagine, these are very intense decision-making
25 moments for both the women facing unplanned

Page 83
2 pregnancy, as well as the people serving them. So
3 you know, these are -- these are critical decisions
4 around what pro-life people consider life and death.
5 These are critical decisions around what even people
6 who don't have a strong pro-life position would
7 consider to be life altering decisions, no matter
8 what their position is on the abortion, kind of,
9 spectrum.
10 So it's pretty intense. And we want
11 to make sure that we're protecting our -- our staff
12 and make sure that they're healthy and -- and -- and,
13 you know, moving forward in a way that is good -- is
14 -- helps them flourish as -- as human beings, as well
15 as the patients. So, you know, we're -- we're
16 concerned about all parties involved.
17 Q. How does Evergreen go about
18 confirming that its employees are in compliance with
19 the -- the statement of faith that we looked at
20 earlier?
21 A. It's really mostly just an honor
22 system. I mean, we have -- we don't -- the hiring
23 process is -- is the -- is the biggest point of -- of
24 understanding between the organization and the staff
25 to determine whether or not they're -- they're a good

Page 84
2 fit for the organization moving forward relative to
3 the mission.
4 And, you know, so that -- that's --
5 that's really the -- the -- the primary moment of --
6 of -- of decision making. So when you ask me
7 questions like have I -- have we fired anybody for
8 making an abortion decision or a contraceptive
9 decision or whatever, well, no because we don't hire
10 people that are -- are -- are -- are typically prone
11 to making those kinds of decisions.
12 So that's -- that's why the hiring
13 process is so important.
14 Q. Okay. I think I had provided --
15 or asked a question about situations in which
16 Evergreen did not hire someone because of a position
17 -- or sorry -- did not hire someone because of an
18 experience with abortion, birth control, and other
19 things. And you provided me three people's names, so
20 I'd just like to go through those if you don't mind.
21 A. Sure.
22 Q. The name John Peoples, does that
23 sound familiar to you?
24 A. Yes.
25 Q. What position did Mr. Peoples

Page 85
2 apply for?
3 A. I believe it was an internship
4 program. Let me just -- can -- can you point me in
5 the direction of the document? I -- I want to say he
6 was -- he was an -- hiring for -- hiring for an
7 internship program, and I just don't see it here.
8 But the -- the issue at -- the current
9 -- the concern at issue I think had to do with
10 abstinence before marriage.
11 Q. I think -- I think the documents
12 are beyond the three three three. I was just,
13 myself, having a hard time figuring out what
14 questions led to the -- to the determination, too.
15 So I have no -- I mean, it's up to Matt, but if you
16 want to look at documents, I have no issue with that
17 at all. I just --.
18 A. Well, I just think I -- I thought
19 -- I thought they were -- they were in these
20 documents that you had asked me to review here.
21 Q. I think –-.
22 MR. BELZ: Yeah, if you look at the --
23 the long document -- the big document, Jim, I think
24 the -- the Peoples stuff talks about -- is at C.E.O.
25 three five seven -- three fifty-seven. And I mean I

Page 86
2 don't have any problem with him reviewing that or --
3 it's up to you Addrienne.
4 MS. KERWIN: Sure. Me neither. I
5 just -- I couldn't really get any details here, so I
6 just wanted to see if he had any -- could flesh them
7 out. So yeah, I think it's around what Matt said,
8 zero five seven -- three five seven.
9 MR. BELZ: Three five seven.
10 MS. KERWIN: Yeah.
11 A. Zero three five seven. Okay.
12 Here it is.
14 Q. Right. It says I cannot take you
15 to intern because you must be pro-abstinence. So
16 best wishes.
17 Do you know how that -- his position -
18 - that position was determined? Because I couldn't
19 find anything in here.
20 A. My sense -- oh, sorry -- my sense
21 is that it was a phone conversation and he was
22 following up with -- with a email, which is -- is
23 very common. It was a very common practice for Chris
24 in the hiring process. Phone conversation --
25 somebody would reach out, he'd apply, he'd call them,

Page 87
2 he'd talk, and then he'd -- he'd -- he'd send an
3 email.
4 Q. Okay.
5 A. So that's -- that's what looks
6 like happened here.
7 Q. Okay. So you think these emails
8 back and forth between Mr. Slattery and John Peoples
9 and then, prior to writing the email saying, I'm
10 sorry, I can't accept you, was following -- most
11 likely following a phone conversation?
12 A. Yeah -- so they -- yeah. So John
13 looks like he did his due diligence and looked at the
14 website and filed a -- some sort of application in
15 November, and then they had a conversation sometime
16 before Christmas. And then Chris decided it wasn't a
17 good fit because of his position on abstinence.
18 Q. Okay. But you're not aware of
19 what that conversation was between Mr. Slattery and
20 John Peoples that led to that decision?
21 A. I was -- I was not privy to that
22 conversation.
23 Q. Okay. And the same kind of
24 questions for Milani Worschell. Let’s see if I can
25 find you her page.

Page 88
2 MR. BELZ: It's three seventy-one.
4 Q. Do you have an understanding as
5 to why she was not taken on as an intern?
6 A. I'm sorry; I'm just trying to
7 find it here. The P.D.F. number does not match the
8 page number.
9 Q. No; it'll be C.S. zero three
10 seven one. Yeah, I think it's around three -- P.D.F.
11 three sixty-two.
12 A. Got it. Three seventy-two, here
13 we go. Got it.
14 Q. On page C.S. zero three seven
15 one, it says, Milani, due to your acceptance of
16 artificial birth control, I'm sorry, but we must
17 decline your application.
18 A. Yep.
19 Q. Do you know anything about any
20 kind of conversation that led to this determination?
21 A. Again, I was not privy to the --
22 the conversation that Chris had with Milani.
23 Q. Did Chris keep any kind of notes
24 or anything from phone conversations he had? Do you
25 know?

Page 89
2 A. Not to my knowledge. I have -- I
3 have -- I looked over and tried to find as much
4 information as I possibly could, but this is all we
5 could find.
6 Q. Okay. No problem. Then I'll
7 have the same questions with respect to Sylvita
8 Andrea. I think I just passed her page.
9 Do you know why Sylvita Andrea was not
10 taken out as an intern?
11 A. She's on what? Three six --?
12 MR. BELZ: She's on the last page,
13 actually, of the -- the -- the document. Three
14 ninety-eight. It's the very last page of the P.D.F.
15 THE WITNESS: Oh, got it. Okay.
16 A. (Cont’g.) Yeah. Yeah -- same --
17 same -- same process. Yeah, he -- he -- he had a --
18 it looks like he had phone -- a phone call after the
19 initial outreach or -- and --.
21 Q. On page C.S. zero three ninety-
22 eight, it says I spoke with Sylvita yesterday and she
23 is pro-abortion. And that was written by someone
24 named Kathleen Kehoe.
25 Do you know who that is?

Page 90
2 A. You know, I don't -- I don't.
3 She was not a board member that I can -- that I
4 remember. No.
5 Q. Do you -- do you know what would
6 be meant by the term pro-abortion, as written there?
7 A. Yes.
8 Q. And what -- what would that mean?
9 A. Pro-abortion, you know, to the
10 extent I understand Chris's mind, means that somebody
11 who is -- who is not against abortion, somebody --
12 somebody who is in favor of abortion, in -- in -- in
13 part or in whole, relative to gestational age limits
14 or through all nine months of pregnancy.
15 Q. Do you know whether Evergreen
16 often got applicants from people who were pro-
17 abortion as you described?
18 A. I don't know how often. You
19 know, sometimes the -- the -- the advertisements for,
20 you know, the internship and other types of jobs that
21 were open are, you know, very -- very clear that
22 we're looking for pro-life people. So that -- that
23 often operated as a significant filter. So you know,
24 I can't imagine that there were, you know, a lot, but
25 it did, you know, obviously happen.

Page 91
2 Q. Okay. And just to be -- from my
3 understanding, you're not aware of anyone other than
4 these three people, John Peoples, Milani Worschell,
5 and Sylvita Andrea, who were not taken on as an
6 employee or an intern at Evergreen because of
7 anything to do with their experience with abortion or
8 birth control?
9 A. I'm not. We have no records.
10 Q. Do you know whether the decision
11 not to take on John Peoples as an intern was based on
12 his own conduct, or if it was based on his beliefs,
13 or something else?
14 A. I don't know.
15 Q. Do you know whether the decision
16 not to take on Milani Worschell was because of her
17 own conduct, or her beliefs, or something else?
18 A. Again, I don't know, but -- but
19 for the -- for the purposes of hiring, it doesn't
20 matter.
21 Q. Okay. Explain that to me. What
22 does that mean?
23 A. If someone is not opposed to
24 sexual activity outside of marriage, we would not
25 hire them even if they were not sexually active

Page 92
2 outside of marriage. If someone were pro-abortion
3 and, yet, they had not participated or experienced an
4 abortion themselves, we still would not hire them.
5 Q. Okay. Well, what about the
6 reverse? What about someone who may have had an
7 abortion in their past, but –-
8 A. Oh, yeah.
9 Q. -- is currently anti-abortion?
10 A. Oh, yeah. Good -- good question.
11 We would hire –-
12 Q. Okay.
13 A. -- we hire people all the time
14 that have had abortions in their past. But --
15 Q. Okay. And do you -- do you hire
16 people all the time who have used birth control in
17 the past?
18 A. Again, because of the ubiquitous
19 nature of birth control, the answer is probably yes,
20 but they have to sign a position -- a statement of
21 position regarding their current situation.
22 Q. Okay. And the same with
23 abstinence, I mean, if there's someone who lived a
24 life that wasn't abstinent in the past, but then when
25 they apply at Evergreen, you know, that's their true

Page 93
2 belief, and so they tell you that and you believe
3 them, you'll hire them?
4 A. Sure.
5 Q. So when I was looking through the
6 documents that -- you know, that Mr. Belz provided
7 me, there were a lot of other positions advertised
8 for other than the L.P.N., the ultrasonographer, the
9 counselor, and the material distributor person,
10 Heylix. Are those positions no longer used at
11 Evergreen?
12 A. Well they're largely the -- I --
13 I looked over those, too. They're largely
14 descriptions of similar types of -- of roles and
15 functions, just different names for the -- for the
16 position.
17 Q. Okay. When you were looking
18 through there, can you think of any -- any position
19 that Evergreen may hire for that is not -- that --
20 that does -- that functions other than the ones we've
21 talked about today?
22 A. No, I don't.
23 Q. So now that Evergreen is doing
24 its -- its medicine-based services, its employees, it
25 seems, are now limited to L.P.N.s, ultrasonographers,

Page 94
2 one counselor, and Heylix’ position. Is that right?
3 A. Yeah, material assistance. Yeah.
4 Q. Yeah. I don't know why I can’t -
5 - material assistance, why I can't get that right.
6 Sorry.
7 A. That's okay. It's -- it's
8 internal speak.
9 Q. Yeah, I -- I -- I mean -- I think
10 you're aware, but correct me if I'm wrong, that
11 Evergreen has brought this lawsuit, claiming that
12 it's -- that it's experiencing damages because of the
13 Boss Bill. And one of the things that was raised was
14 loss of donors, loss of donations, that kind of
15 thing. Are you able to speak about that? Do you
16 know whether the existence of the Boss Bill has
17 caused any financial harm to Evergreen?
18 A. The answer is probably not. And
19 the reason I say that is because we're fighting it.
20 I can tell you that there is some significant concern
21 among donors that are like-minded that we -- we -- we
22 not hire pro-abortion people. It -- it's -- it --
23 it's contrary and contravenes the -- the -- the
24 purpose of the organization.
25 A nonprofit is essentially designed to

Page 95
2 change a community in a certain way. And donors want
3 that community -- you know, donors align themselves
4 with those types of organizations that they -- that
5 they see change the community in -- in ways that they
6 think are -- are best.
7 So to hire people that are -- that are
8 -- that believe, you know, in a world view, so to
9 speak, that is, you know, antithetical to what our
10 mission is could be very damaging to the integrity of
11 the organization in the mind's eye of donors. And it
12 doesn't take very long to lose a donor.
13 Q. Are you aware of any documents,
14 whether electronic or otherwise, that document
15 concerns of donors in that regard?
16 A. No.
17 Q. Are you aware of any specific
18 donors that have raised concerns with Evergreen about
19 compliance with the Boss Bill?
20 A. None of our donors are concerned
21 that -- that -- our -- our -- none of our donors
22 would be concerned about the pro-life position of the
23 organization being compromised. They are concerned
24 about the Boss Bill, however, and what that might
25 mean for the organization's existence in the future.

Page 96
2 Q. Meaning what? Meaning that
3 compliance with the Boss Bill would necessarily
4 change what Evergreen is setting out to do?
5 A. No, that compliance with the Boss
6 Bill would open up the -- the Evergreen Association
7 to lawsuits by the Attorney General's office or by
8 private right-of-action from prospective or -- or,
9 you know, past employees which could essentially
10 financially ruin the organization.
11 Q. Did you just say asked employees?
12 A. Past.
13 Q. Oh, past. Okay.
14 A. Yeah. Past.
15 Q. Okay. Got you. It's my -- it's
16 my understanding that you don't -- you know, once you
17 hire someone, you don't ask them any further
18 information about their own experience, whether
19 they've had an abortion, whether they've used birth
20 control in the past. Am I right about that?
21 A. Yeah, it doesn't -- it doesn't
22 come up, generally. It never has anyway, to my
23 knowledge. So as long as the person, you know,
24 continues on, you know, they're -- and -- and doing -
25 - doing the right thing as -- as -- as it relates to

Page 97
2 the -- the policy -- the pro-life policy in the
3 organization, there's really no -- no reason.
4 Q. Okay. What, if you -- and I
5 think in your responses, you said, you know,
6 Evergreen could be made aware in any number of ways,
7 one being the information was offered in the
8 workplace.
9 If the information was offered in the
10 workplace that an employee's teenage daughter was
11 pregnant, would that be grounds to terminate that
12 employee?
13 A. Not at all.
14 Q. Okay. What about if it was found
15 out in the workplace that an employee's son was
16 buying condoms at C.V.S., would that be grounds to
17 terminate that employee?
18 A. Not particularly.
19 Q. Just want to shift back, so
20 Reverend Harden, what is your own background, other
21 than being the C.E.O. of Compasscare, what is your
22 employment background?
23 A. My employment background?
24 Q. Yeah.
25 A. Well, I've been in pastoral

Page 98
2 ministry, youth ministry in particular, as well as
3 senior pastoral role, education. I was -- I've also
4 been involved in, you know, running -- running houses
5 -- residential houses for developmentally disabled,
6 deaf, mentally ill adults. And so, also lots -- lots
7 of, obviously, non-profit work.
8 Q. How long have you been the C.E.O.
9 of CompassCare?
10 A. Since 2001.
11 Q. Has Evergreen had to change
12 anything that it -- about its operations because of
13 the Boss Bill?
15 Q. Has the Boss Bill had any effect
16 on the services that Evergreen provides?
17 A. No, not to my knowledge.
18 Certainly not yet.
19 Q. And -- and I may have asked this,
20 and I apologize if I did. To both of you. Do you
21 have any -- as we sit here today, any plans to expand
22 beyond the six employees that Evergreen currently
23 has?
24 A. Not at this point. We're happy
25 with the employees we have.

Page 99
2 Q. And other than changing the
3 physical space of the Queens and Bronx sites, do you
4 have any other plans to open more sites, close any,
5 or you plan to stay with the three?
6 A. Yeah, we -- we have no plans for
7 expansion at this point in time for -- beyond those
8 three.
9 Q. Do you know what was done at the
10 White Plains office when it existed?
11 A. I -- I believe it was similar to
12 the -- what -- what I've described to you for the
13 other three locations.
14 Q. And earlier, when I had asked you
15 how do women make appointments, how do they learn
16 about the services that Evergreen provides, and you
17 were talking about different marketing schemes, can
18 you explain to me what marketing Evergreen is doing
19 now, currently?
20 A. Evergreen, I -- I -- it's
21 primarily focused on digital marketing. So you know,
22 search engine type marketing that would be Google
23 AdWords, for example.
24 Q. I think you said that your
25 marketing -- or Evergreen's marketing is kind of

Page 100
2 focused on women experiencing unplanned pregnancies.
3 And I'm just wondering how does that -- how does
4 Evergreen target that kind of group?
5 A. Well, you know, you -- you
6 basically have a -- a list of keywords and phrases
7 that are identified through search algorithms. Just
8 like any -- any other -- like if you're a car
9 dealership, you would have a Google digital ad
10 campaign. And the campaign would -- would -- would
11 be populated by suggestions from Google based on what
12 it is you -- what kind of demographic you're trying
13 to reach -- what age range, whether it's male,
14 female, what geography, et cetera.
15 And then it helps you dial that in,
16 using -- trying to come up your -- your -- your ad is
17 -- is -- is -- pops up when -- when they search for
18 certain types of key words or phrases. So that's how
19 Google AdWord basically works.
20 Q. Okay. So when I do a Google
21 search for something and, all of a sudden, I'm
22 getting all of these pop-ups for something similar,
23 that's how that happens?
24 A. Yeah.
25 Q. Interesting. Who at Evergreen is

Page 101
2 responsible for doing that kind of marketing?
3 A. Chris outsourced that to another
4 company.
5 Q. Do you know the name of the
6 company?
7 A. Not off the top of my head, no.
8 Q. Do volunteers assist with hiring
9 at Evergreen?
11 MS. KERWIN: Okay. Just one -- I have
12 what I called Number Five. Matt, it’s the initial --
13 amended initial disclosures that were served in this
14 case. I think I called it Number Five. Do you guys
15 have that in front of you?
16 MR. BELZ: Yeah.
17 THE WITNESS: Yep.
18 MS. KERWIN: Monique, can I mark this
19 one as an exhibit, please?
21 Q. On page two, there's a -- a
22 paragraph that -- it's about a Mr. And Mrs. Patrick
23 Collins. Do you see that?
24 A. Page two, yep.
25 Q. It says Mr. and Mrs. Patrick

Page 102
2 Collins were senior volunteers and have been involved
3 in the hiring of employees. Do you know anything
4 about that?
5 A. Mr. Collins is a employment
6 attorney.
7 Q. Okay.
8 A. So that would make sense.
9 Q. Do you know what his involvement
10 in hiring employees for Evergreen would've been?
11 A. I would just imagine that he was
12 consulted to make sure that what -- whatever
13 employment hiring processes were followed were
14 consistent with the law.
15 Q. Okay. What kind of volunteering
16 does he do with Evergreen?
17 A. Well consult -- you know, legal
18 consulting in that regard, certainly. And I -- I
19 know that both he and his wife have volunteered, kind
20 of an ad hoc roles, if, you know, people if things
21 needed to be moved or -- you know -- yeah, I don't --
22 I don't know of anything else. I -- there wasn't --
23 from my -- from -- from my understanding, there was
24 no -- no official kind of role that they were
25 filling.

Page 103
2 Q. But does Evergreen currently have
3 any volunteers working with them -- with it?
4 A. Yeah.
5 Q. How many volunteers?
6 A. The Collins are -- are current
7 volunteers. Dave Petrello (phonetic spelling) was a
8 board member up until a few months ago. There are
9 other volunteers that work on behalf of the
10 organization with respect to fundraising efforts.
11 They do campaigns, like that in different churches.
12 You know, kind of, they -- they stand ready to do
13 whatever, you know, needed to be done.
14 There's people that help with
15 facilities, facilities maintenance, you know. You
16 know, for example, we just -- we just upgraded the
17 Brooklyn facility and we had volunteers helping with
18 cabinets and installing, you know, carpet and -- you
19 know, you name it. It's just -- wherever we can, you
20 know, we'll -- we'll -- we'll use for -- for the
21 mission. There's a lot -- a lot of -- lot of
22 enthusiastic pro-life people out there, but there's -
23 - there -- there's not a lot of, you know, volunteer
24 positions that are consistent, you know, identified -
25 - pre-identified roles and functions that the

Page 104
2 organization needs on a daily basis.
3 Q. Does Evergreen maintain a
4 volunteer database or a list?
6 Q. How does Evergreen do volunteer
7 reachout?
8 A. You know, ongoing relationships
9 with the president, for the most part.
10 Q. Is it your intention to stay with
11 Evergreen, going forward?
12 A. Yes. I have no intention of --
13 of resigning unless the board wants me to.
14 Q. So it's your intention to
15 continue running CompassCare and running Evergreen,
16 simultaneously, then?
17 A. Yes.
18 Q. Did you talk to SolAngel about
19 today's deposition at all?
20 A. No.
21 Q. Have you ever observed SolAngel's
22 counseling approach?
23 A. I have not.
24 Q. How do you -- how is it that you
25 know what she does?

Page 105
2 A. Because she was hired to do -- to
3 do the work of, you know, one-on-one with patients or
4 clients.
5 Q. Because it seems like, from our
6 conversation today, she is the one person of the six
7 that has that counseling role; right?
8 A. Well, when -- I -- I guess I
9 should clarify. When we use the word counseling, we
10 don't necessarily mean something like a specific and
11 exclusive function as it relates to interacting with
12 clients and patients. All -- all of our employees,
13 including L.P.N.s and -- and ultrasonographers are
14 messengers to the patients, directly, relative to the
15 education of the patient about her current physical
16 condition, the nature of abortion, and the resources
17 available for her to continue her pregnancy.
18 So it's -- it's -- you know, it's not
19 quite accurate to say that she's the only one that
20 interacts with patients on a counseling level.
21 Q. What would Heylix have that kind
22 of conversation with a pregnant woman --
23 A. It's –-.
24 Q. -- on behalf of -- go ahead.
25 Sorry.

Page 106
2 A. Yeah, she's a representative of
3 the organization, but she's not tasked with
4 interacting with patients directly.
5 Q. And the ultrasonographers, we
6 talked this through earlier, I mean, they're hired to
7 do the scanning, explain, you know, this -- the
8 results and what the scan shows and could answer
9 questions if asked. But my understanding was that --
10 you know, they're -- they're hired to do a -- a
11 medical service and provide the information
12 associated with that medical service. Is that not
13 accurate?
14 A. They are -- they are hired
15 directly to provide a medical service, and they're
16 also messengers of the organization's mission. So
17 they are communicating to the patient. You know,
18 there's -- there, it's not exclusive to counselors to
19 -- to -- to -- to communicate to patients about the
20 nature of abortion, the nature of her -- her current
21 situation.
22 And you know, when -- when we look at
23 a patient who is facing unplanned pregnancy, it's --
24 it's more than just a medical condition that we're --
25 we're treating. We're trying to serve the whole

Page 107
2 person. And so that is the mentality that all
3 ultrasonographers, L.P.N.s, whoever, take when
4 they're -- when they're interacting with a patient.
5 So it's you know -- I just would be,
6 you know, cautious to -- to say that only SolAngel is
7 counseling.
8 Q. Have you ever observed any of
9 Evergreen's L.P.N.s, speaking with a patient?
10 A. No.
11 Q. How is it that you know what
12 their -- how they execute their duties?
13 A. Well the expectations have been
14 set. They've been -- you know, so they -- they're --
15 they've been given information about the nature of
16 abortion. We expect them to communicate. And the
17 results. So when a -- when -- when women come in,
18 seriously considering abortion, based on their --
19 their initial intent at -- at the -- at the point of
20 scheduling, they'll often leave or subsequently
21 change -- change their mind about abortion.
22 So they're not being referred for
23 abortion. They're not, you know, directly being, you
24 know, referred for abortion or -- or -- you know,
25 anything like that. So results are -- are a big way

Page 108
2 we -- we determine the efficacy of the L.P.N.s and
3 the ultrasonographers.
4 Q. Do you know what those statistics
5 are?
6 A. I don't know what the statistics
7 are for E.M.C. yet. We're still digging into that.
8 There's not a lot of statistical referencing at this
9 point.
10 Q. Why did Evergreen want to switch
11 from the strictly lay counseling model to the medical
12 model of service?
13 A. Well, I think, generally
14 speaking, there's an expectation from the patients to
15 -- to receive medical care and medical care, quickly.
16 And you know, we want to be able to provide what
17 patients need as fast as possible. So I think that
18 was a -- a -- a primary driver.
20 seen any change in results as a -- as a result of
21 switching models?
22 A. Well, we're not operating in a
23 steady state. So as the culture changes in terms of
24 the expectations of the demographic, the organization
25 -- every organization has to make some modifications

Page 109
2 and changes to the way it approaches service
3 delivery.
4 So I am fairly certain that, as Chris
5 -- you know, Chris Slattery and Evergreen have kind
6 of always been making modifications over the last --
7 well, since they -- that's kind of the nature of
8 Chris -- Chris Slattery and his operations. He's
9 kind of cutting edge, always trying to do something
10 new and trying to see what -- what -- what works
11 better. So it -- it's hard to compare apples to
12 apples in terms of efficacy.
13 Q. Are there any changes in the
14 delivery of services that you plan to make now that
15 you are the president of Evergreen?
16 A. Not materially. I mean, I -- I -
17 - obviously, we're -- we're making changes, but it's
18 not going to be -- you know, it's not going to be
19 big. I -- I -- the -- the -- we -- you know, I -- I
20 -- I -- I -- I run organizations differently than
21 Chris. And Evergreen Association's a smaller
22 organization and, you know, one might consider it a
23 mom-and-pop shop, but there are things that -- that I
24 think can -- we can do that -- to make it more
25 effective.

Page 110
2 Q. Are the services provided by
3 Evergreen also provided by CompassCare, or does
4 CompassCare do something different?
5 A. CompassCare provides more. We --
6 we provide more services.
7 Q. More medical services or
8 something different?
9 A. More medical services, yes. We -
10 - CompassCare focuses on medical service delivery,
11 primarily, and then helps a patient identify -- we --
12 we -- we identify all the kind of the risk factors
13 that a patient might be experiencing and then help
14 connect her with those -- those -- those community
15 resources. We don't actually provide them ourselves.
16 So we'll -- we'll provide the -- the
17 initial baseline medical care, S.T.D. testing and
18 treatment, you know, ultrasound diagnosis of
19 pregnancy, gestational age determination, things of
20 that nature.
21 Q. Does anyone in Evergreen follow
22 up with patients after the initial appointment?
23 A. Yes. We -- we attempt to -- to
24 follow up. The -- the goal is to attempt to follow
25 up with every patient. That's not always possible.

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2 Q. Who does that follow-up?
3 A. Nurses, L.P.N.s, or -- generally.
4 Q. Do the patients that come into --
5 for Evergreen’s medical services, do they ever have
6 their own doctors or medical professionals outside of
7 Evergreen?
8 A. Yes. It's rare, but it's
9 possible, yes.
10 Q. Is there ever any follow-up
11 between the L.P.N. or the medical people at Evergreen
12 and another medical person following that patient?
13 A. I -- I have not looked into the
14 records of the -- the patient records, but that is
15 the basic process of medical interaction between
16 providers, yes.
17 Q. Right. So if a patient was
18 referred to another organization by Evergreen, is
19 there a policy or a practice of following up with
20 that organization to see if someone's followed up or
21 to see if -- how the patient's doing or anything like
22 that?
23 A. Not to my knowledge, no. It's a
24 direct follow-up directly with the patient.
25 Q. And does Evergreen maintain

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2 medical charts for every patient that comes through?
3 A. Yes.
4 Q. And does Evergreen have a
5 retention policy with respect to those medical
6 charts?
7 A. Evergreen follows the policies or
8 protocols required by law.
9 Q. Okay. Do you know what they are?
10 A. Well, there's -- in -- in terms
11 of New York State, there's a seven-year statute of
12 limitations when it comes to retention of records
13 after the eighteenth birthday.
14 MS. KERWIN: Okay. Matt, I think I’m
15 almost done. Do you mind taking a few minutes for me
16 to just look through the piles on my desk and make
17 sure I'm –-?
18 MR. BELZ: Of course.
19 MS. KERWIN: All right. How about we
20 take ten minutes?
21 MR. BELZ: That's fine with us.
22 (Off the record, 1:31 p.m. to 1:38
23 p.m.)
24 THE REPORTER: Okay. We're all set on
25 the record.

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3 Q. Okay. Okay. Reverend Harden,
4 who is Norma Campbell Augustine?
5 A. Oh, that's Maxine. That's --
6 that's -- she’s an ultrasonographer. Sorry.
7 Q. I never would've gotten Maxine
8 out of Norma, so that's so helpful. How about Dawn
9 Marie?
10 A. Dawn is an ultrasonographer.
11 Q. Right. And I think I -- I'm
12 sorry if I already asked you this and I don't
13 remember the answer. I know you said that the intern
14 program is on pause right now.
15 A. Yeah.
16 Q. What was the reason for that?
17 A. Well, we -- we've got to kind of
18 get things in order after Chris -- Chris' death.
19 We're trying to figure everything out and see what --
20 first things first. You know, there's a lot of fires
21 we've got to put out after. So --.
22 Q. And I think you -- oh, go ahead.
23 Sorry.
24 A. Yeah, we just didn't have -- we
25 just didn’t have the bandwidth to -- to run that

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2 program right now.
3 Q. And I think you answered that, as
4 we sit here today, you don't currently have a plan
5 for starting that back up?
6 A. That is correct. I mean, we --
7 we talk about it, but there's no plan.
8 Q. Do you know, when it was up and
9 running, who -- was anyone other than Chris running
10 it?
11 A. I wouldn't say there -- no, I --
12 I wouldn't say that anybody else was running it. He
13 had -- he had help that -- you know, volunteers that
14 would help him manage the interns when they're, you
15 know, here. I -- his wife, Eileen, helped. And I
16 want to say Anna Little helped with, you know,
17 managing whatever -- whatever issues might come up
18 with the interns and their living conditions and
19 arrangements.
20 Q. Okay. Those are mostly
21 volunteers, to your –-
22 A. Yeah.
23 Q. -– knowledge?
24 A. Correct. Yes.
25 Q. Okay. Does -- does Evergreen

Page 115
2 have a -- a typical operating budget?
3 A. Yeah. I mean, they run, you
4 know, somewhere between six and seven hundred
5 thousand dollars in revenue and expenses every year,
6 you know, more or less. I mean, there's some years
7 it's less, some years it's more.
8 Q. And is it -- is it fully donor
9 funded?
10 A. Correct.
11 Q. Okay. There's no grants or
12 anything like that that helps with the funding?
13 A. Well, the -- if there are grants,
14 they would be private grants. There's no public
15 funding, if you will.
16 Q. Yep. But you're not -- as you
17 sit here today, you're not sure if there are any
18 private grants?
19 A. I am not -- I'm not sure that
20 there are private grants -- you know, actually, no,
21 there have been private grants. Yeah, there have
22 been. But I can tell you that they're all -- it's
23 all privately, you know, funded.
24 Q. Has anything about the Boss Bill
25 affected your ability -- Evergreen’s ability to get

Page 116
2 grants or keep grants?
3 A. Not yet.
4 Q. Do you have a concern that it
5 may?
6 A. It depends on how aggressive the
7 State wants to enforce the Boss Bill. We do have
8 concerns.
9 Q. Okay. What are those concerns?
10 A. Well, the donors don't like to
11 fund lawsuits. And if they're -- if -- if this bill
12 opens up the door for us to -- for us to be sued by
13 the State or the -- or private individuals, that --
14 that's -- that would be a big concern. Also if the
15 State, you know, requires us to modify our hiring
16 policies to -- and our management policies to -- to -
17 - to kind of carry the State's when it comes to
18 abortion, that would possibly be cool their -- their
19 interest in funding the operation.
20 Q. All right. I know we talked
21 about that with respect to donors, but do you think
22 that grant funding would somehow be affected, as
23 well?
24 A. Yes, because the way in which
25 grant funding works is primarily relational with --

Page 117
2 with the donor. So there's a -- a donor that is a
3 primary influencer in a -- in a foundation's board,
4 for example. You know, it's -- it's not just, you
5 know, filing an application to receive funds for a
6 particular program. It's highly relational.
7 Q. Are you aware of any specific
8 grants that Evergreen is currently receiving?
9 A. No.
10 Q. All right. I'm going to go back
11 to the exhibit that I labeled Number Five.
12 MS. KERWIN: And again, it was the
13 amended initial disclosures, Matt.
15 Q. And Reverend Harden, I want you
16 to ask you to look at page -- P.D.F. page three.
17 A. Okay.
18 Q. And the top of page three, it's a
19 single-spaced paragraph that starts under Rule 34,
20 that page.
21 A. Yep.
22 Q. So my question is below that, in
23 that first paragraph. And it says, were the Boss
24 Bill to be enforced as to them by the State of New
25 York or other authorities, as Plaintiffs would no

Page 118
2 longer be able to use online job search sites due to
3 the moral and faith-based contents of Plaintiff's
4 employment and recruitment advertisements.
5 Do you believe that to be the case if
6 the Boss Bill remains enforceable?
7 A. This -- this particular -- was
8 this -- this was a disclosure that was -- that was
9 drafted by our attorneys; correct?
10 Q. Right, yeah -- well, I don't
11 know. I think so. It was -- and it's old, too.
12 It's from the beginning of the case, so it wasn’t
13 you.
14 A. Yeah. So it is our -- our
15 belief, based on how the law is read, that it would
16 be difficult for us to characterize the positions in
17 order to filter out the -- the -- the -- the
18 prospective employees properly relative to their pro-
19 life beliefs and -- and Christian positions on sexual
20 ethic.
21 Q. Okay. So you think that the Boss
22 Bill, as written, wouldn't allow you to continue
23 advertising the positions as you -- as you have in
24 the past on an online job search site like Indeed?
25 A. Correct.

Page 119
2 Q. Okay. Why?
3 A. Well, we think that the Attorney
4 General could possibly use it against us as a
5 potential, you know, discrimination for in violation
6 of -- of -- of the new provisions in the Labor Code.
7 Q. Is it something specific about
8 using online job search sites? Is there something --
9 I guess I'm wondering is there something about the
10 search sites that you think would preclude you from
11 advertising as you have, or --?
12 A. Only insofar as they're public.
13 I mean, we -- we could -- we could go to private
14 entities like churches, for example, and ask their
15 parishioners if they'd be interested in a job
16 because, you know, ostensibly they might be more pro-
17 life than the average member of the -- of the general
18 population using an online job search site.
19 However, you know, if we're -- if
20 we're advertising on -- on a -- on a, you know,
21 general -- general communication job search site,
22 specifically around reproductive health decision-
23 making, we could be perceived as discriminatory.
24 Q. Okay. And the next sentence says
25 Co-Plaintiff Slattery would be forced -- thus forced

Page 120
2 to travel extensively to meet and speak to potential
3 E.M.C. FrontLine Pregnancy Center employees and
4 volunteers.
5 I think you told me that, you know,
6 once -- it was Chris' policy to kind of use the
7 online job seeking tool as a gatekeeper, and then he
8 would email or speak to potential employees. Is that
9 right?
10 A. Yeah, that's right.
11 Q. Do you think there's -- is there
12 something about the Boss Bill that wouldn't allow
13 Evergreen to continue corresponding with potential
14 candidates that way, with phone -- via phone or via
15 email?
16 A. Oh, no. It's just that the point
17 of entry is -- is what -- what our primary concern
18 is.
19 But also, there is another point of
20 concern relative to the nature of the application and
21 interview process, because we are asking about
22 reproductive health decision making and making
23 determinations about employment directly related to
24 those answers.
25 Q. Well, I mean, based on our

Page 121
2 conversation today, I got the impression that what
3 you were asking about are beliefs, though; right?
4 A. We're asking about beliefs and --
5 beliefs and behaviors. We believe; therefore we
6 behave. And so while it's true that some people
7 believe certain things and don't act on them yet, for
8 example, abstinence versus non-abstinence. If -- if
9 they have no problem with -- with sexual activity
10 outside of marriage, and yet, they're not, you know,
11 sexually active, that's still a problem for us
12 because it -- it speaks to a -- a -- a -- way of
13 thinking about what it means to be human that we
14 fundamentally disagree with.
15 So that -- that would have
16 ramifications in terms of how that -- that particular
17 employee interacts with the mission of the
18 organization as they're -- as they're -- you know, by
19 and large a representative of the organization, if
20 they’re going to be an employee.
21 Q. I think this is what we talked
22 about earlier, though, like, but the opposite's not
23 true because they could have done an action and now
24 have a different belief. So I guess I'm just asking
25 -- it seemed -- I was of the impression this whole

Page 122
2 time that what you -- what Evergreen is looking for
3 are people who join in Evergreen's beliefs about
4 these topics, strongly enough to, you know, convey
5 the message that Evergreen wants to convey. Is -- am
6 I wrong about that?
7 A. No; you're right.
8 Q. Okay.
9 A. And we -- so as -- as Christians,
10 I mean, it's -- it's -- so here's the -- the -- the
11 worldview of Christianity, which is the driver behind
12 the pro-life position at Evergreen, is that we're --
13 we all are sinners. And that means that we -- we
14 make mistakes. And the -- the -- the -- the good
15 thing about -- about Christianity is that Jesus
16 Christ opens the door for us to be forgiven to -- and
17 to submit ourselves to -- to -- to His leading and
18 His -- you know, what -- what it means to be human
19 under God means is that we -- we reflect His
20 character and His nature back to him through our
21 behaviors to one another and back to Him.
22 So -- so -- so that -- that -- that --
23 that has -- what that means is, practically speaking,
24 we don't expect to hire perfect people. We don't
25 expect to hire people that haven't had abortions. We

Page 123
2 don't expect to hire people that haven't had sex
3 outside of marriage. We expect to hire people that
4 are -- well, you know, people. But -- but we do
5 expect to hire people that have the same beliefs.
6 That is they have submitted their -- their -- their -
7 - their life to the -- to the teachings of Scripture
8 and the -- the pro-life positions and principles
9 found therein.
10 And that includes a -- a -- a
11 comprehensive sexual ethic that is particularly
12 Christian. It's a worldview that's different,
13 fundamentally, than a secular position. So you know,
14 that's -- that's -- that's where we're coming from.
15 Again, we're not -- we're not looking to -- to
16 exclude all -- all people that have, in their past,
17 done certain things that were inconsistent with our
18 current beliefs in the organization. We're looking
19 to hire people that are currently and committed to
20 maintaining the standards of the organization today.
21 Q. Now, I've been calling you
22 Reverend Harden the whole time because I -- that's
23 what I was told that your name is. Are you ordained
24 in any type of religion? Or what's your -- what's
25 the reverend for?

Page 124
2 A. I am ordained. Yes, I'm
3 ordained. I -- I -- I -- I'm ordained in the
4 Southern Baptist Church. So I've been -- I've been a
5 Southern Baptist pastor, as well as pastor in
6 Evangelical Free Church of America. And, you know,
7 so I still exercise certain roles and -- and -- and
8 functions in the church.
9 Q. Is there any -- do you know if
10 there's anyone else employed by Evergreen who is
11 similarly ordained or holds any positions in a
12 church?
13 A. I don't know. I -- it's
14 possible. Yeah, it's possible. I don't -- I don't -
15 - not that I'm aware of, though.
16 Q. Okay.
17 MS. KERWIN: Matt, we didn't talk
18 about this ahead of time. Do you want Reverend
19 Harden to review and sign his transcript?
20 MR. BELZ: Yeah, we'll read.
21 MS. KERWIN: Okay. All right. I
22 think I'm done. I don't know if you want to -- do
23 you have any follow-up or anything?
24 MR. BELZ: I'm going to -- I'm going
25 to let it go.

Page 125
2 MS. KERWIN: I have the same training,
3 not my deposition, not my -- I'm not asking anything.
4 Reverend Harden, thank you very much
5 for taking the time. Sorry it was over lunch, but --
6 .
7 THE WITNESS: No, it's okay. I
8 appreciate your time. This was a --.
9 MS. KERWIN: I enjoyed meeting you and
10 seeing Matt for the first time, and Monique. Thank
11 you.
12 (The deposition concluded at 1:53
13 p.m.)
14
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25

Page 127
2 I, MONIQUE HINES, do hereby certify that the
3 foregoing testimony of JAMES HARDEN was taken by me, in
4 the cause, at the time and place, and in the presence of
5 counsel, as stated in the caption hereto, at Page 1
6 hereof; that before giving testimony said witness was duly
7 sworn to testify the truth, the whole truth and nothing
8 but the truth; that the foregoing typewritten
9 transcription, consisting of pages number 1 to 125,
10 inclusive, is a true record prepared by me and completed
11 by Associated Reporters Int'l., Inc. from materials
12 provided by me.
13
14 MONIQUE HINES, Reporter
15
16
17
18
19
20
21
22
23
24
25

Page 128
2 ASSOCIATED REPORTERS INTERNATIONAL, INC.
(800) 523-7887
3
Date:
4 Case Name: Slattery, et al v Hochul, et al
Index Number: 20-CV-112 TJM/DJS
5 Deponent: James Harden
Deposition Date: 1-16-2024
6 Examining Attorney: Adrienne J. Kerwin, A.A.G.
7 Dear Reverend Harden:
8
Please read and make any changes and/or corrections in
your testimony and sign the transcript in the presence of
9
a notary public. Please do so within thirty (30) days.
10 If you fail to sign the transcript within thirty (30)
days, it will be delivered to the appropriate parties
11 without signature. Return the transcript with
corrections, if any, to:
12
OFFICE OF THE NEW YORK STATE ATTORNEY GENERAL
13 BY: ADRIENNE J. KERWIN, A.A.G.
The Capitol
14 Albany, New York 12224
15
CORRECTIONS:
16
________ Word or phrase: ______________________________
Corrected to: ______________________________
17
________ Word or phrase: ______________________________
18 Corrected to: ______________________________
________ Word or phrase: ______________________________
19 Corrected to: ______________________________
________ Word or phrase: ______________________________
20 Corrected to: ______________________________
________ Word or phrase: ______________________________
21 Corrected to: ______________________________
________ Word or phrase: ______________________________
22 Corrected to: ______________________________
________ Word or phrase: ______________________________
23
Corrected to: ______________________________
_________
24
Date Signed __________________
25 JAMES HARDEN
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A advance 54:17 101:1 102:1,1 103:1,1

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abstinence 71:13 85:10 al 1:1,1 2:1,1 3:1,1 4:1,1 5:1 angry 29:8
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abstinent 92:24 10:1,1 11:1,1 12:1,1 13:1,1 answer 33:18 78:22 92:19
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acceptance 88:15 18:1,1 19:1,1 20:1,1 21:1,1 answered 73:13 114:3
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adults 98:6 94:1,1 95:1,1 96:1,1 97:1,1 88:17 117:5 120:20
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appointment 37:10,23 46:10 authorities 117:25 121:5,7

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asked 27:10 29:24 64:17 bandwidth 113:25 birth 42:16,19,23,25 43:4
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assistant 56:4 65:3,9,10 bathroom 60:14 95:19,24 96:3,5 98:13,15
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12:40 75:14

THE EVERGREEN ASSOCIATION, INC., )

)
Plaintiffs, )
) Case No. 20-CV-112 TJM/DJS
v. )
) PLAINTIFF’S RESPONSE TO
KATHY HOCHUL, et al., ) DEFENDANTS’ FIRST SET OF
) INTERROGATORIES
Defendants. )
Plaintiff The Evergreen Association (Evergreen), for its response to Defendants’ first set
of interrogatories, states as follows:
1. Identify any employee of any plaintiff, as defined above, who has been
disciplined, terminated, demoted, received a salary decrease, or suffered any other adverse
employment action because of, either partly or entirely, a reproductive health decision of that
employee or a dependent of that employee.
RESPONSE: None.
2. Identify any prospective employee or person who has not been hired by any
plaintiff, as defined above, because of, either partly or entirely, a reproductive health decision of
that person or a dependent of that person.
RESPONSE: See documents produced demonstrating three prospective employees
or interns (John Peoples, Milani Worschell and Sylvita Andrea) who were not hired due to
their positions on abstinence, abortion or contraceptives.
3. Identify each and every person who applied for employment with any plaintiff, or
subsidiary thereof, from January 2019 to present, but was not hired.
RESPONSE: Plaintiff objects to Interrogatory #3 as overbroad, not reasonably
calculated to lead to admissible evidence, and irrelevant. Subject to and without waiving
this objection, see documents produced demonstrating three prospective employees or
interns (John Peoples, Milani Worschell and Sylvita Andrea) who were not hired due to
their positions on abstinence, abortion or contraceptives. Evergreen does not have a record
of all job applicants that were not hired.
4. Identify each and every person who has been employed by any plaintiff since
January 2019, together with the last known address and dates of employment for each such
person.
RESPONSE: Plaintiff objects to Interrogatory #4 as overbroad, not reasonably
calculated to lead to admissible evidence, and irrelevant. Subject to and without waiving
this objection, more than 400 Evergreen employees, interns, and volunteers have come and
gone and Plaintiff does not keep a list of said individuals and addresses. Subject to that
objection, from 2019 to the present:
Former Employees
Tanzanial P. Agramoute, 590 E 187th, Apt 1, Bronx, NY 10458

May J. Amolat-Apiado, 57 Yancy Dr, Newark, NJ 07103
Elizabeth Anduzar, 97-31 117th St, South Richmond Hill, NY 11419
Melissa C. Ator, 1507 Nostrand Ave, Apt 2, Brooklyn, NY 11226
Neida L. Beltran, 1908 Bronxdale Avenue, Bronx, NY 10462
Celeine D. Brown, 3480 Thrid Ave, #115, Bronx, NY 10456
Natalie K. Caputo, 6117 68th Ave, Ridgewood, NY 11385
Gina M. Cassera, 1120 Pierce Ave, Bronx, NY 10461
Bianka A. Castillo, 236 Blair Ave, Apt 2, Bronx NY 10465
Elizabeth A. Collins, 684 Commerce St, Thornwood, NY 10594
Gail Da Costa, 323 Pennsylvania Ave, Brooklyn, NY 11207
Daris L. Despradel, 35 11 103 Rd St, Apt 3F, Corona, NY 11368
Amina Dzhafarli, 1429 Shore Pkwy, Apt 7D, Brooklyn, NY 11229
Cerraleone Elliott, 740 Netcalf Ave, Apt B, Bronx, NY 10473
-2-
Aziza Farr, 30 Hamilton Pl, Apt 621, New York, NY 10031

Reyna C. Fernandez, 32-07 47th St, Astoria, NY 11103
Romarlis Frias, 1601 Parker St, 2nd Floor, Bronx, NY 10462
Blanca I. Galarza, 996 Williams Avenue, Brooklyn, NY 11207
Elizabeth Gaston, 1447 68th Street, Apt B, North Bergen, NJ 07047
Jamila L. Hill, 810 East 152nd Street, Apt 404, Bronx, NY 10455
Urvi D. Hirapara, 1583 Patterson Plank Road, Secaucus, NJ 07094
Lakila Humphries, 2240 Wlaton Ave, #701, Bronx, NY 10453
Bernadette C. James, 1185 E 224th St, Bronx, NY 10466
Estela Kandora, 1871 Coleman St, Brooklyn, NY 11234
Kathy Kehoe, 3600 Fieldston Road, Bronx, NY 10463
Marie Liverpool, 241 Brooklyn Ave, Brooklyn, NY, 11213
Blanca E. Marrero-Munoz, 1 Bradley Drive, Hopewell Junction, NY 12533
Ashley N. Maul, 650 S 18th Street, Newark, NJ 07103
Erica M. Mendez, 80 Bruckner Blvd, Apt 10 E, Bronx, NY 10454
Maria Monge, 30 Manhattan Ave, Apt 7C, Brooklyn, NY 11206
Palwasha Nasir, 87-50 167th St, Apt 12G, Jamaica, NY 11432
Briselly Nunez, 9 Sickles Street, Apt 4B, New York, NY 10040
Jhonnattan Pena, 6 Powell Ave, Rochelle Park, NJ 07662
Pamela Reid, 1-55 Borden Ave., Apt 16G, Long Island City, NY 11101
Lisa Rodriguez, 95 Hyatt Ave, Yonkers, NY 10704
Christopher T Slattery, 61 Lewis Pkwy, Yonkers, NY 10705
Blandine Sufran, 687 Lenox Road, Brooklyn, NY 11203
Christine Taylor, 3480 Third Ave, Apt 11H, Bronx, NY 10456
Maria E. Torres, 280 East 161st Street, Apt 2J, Bronx, NY 10451
Marilyn C. Velazquez, 140 Martense Street, Brooklyn, NY 11226
Siyanni M. Washington, 185 Zabriskie Street, Jersey City, NJ 07307
Pamela M. Williams, 532 49th Avenue, Apt 1R, Long Island City, NY 11101
Current Employees
SolAngel D. Brujan, 2835 Webb Ave, Apt 8E, Bronx, NY 10468

Norma M. Campbell-Augustine, 188-16 Quencer Road, Saint Albans, NY 11412
Dawn D. Reid, 134-35 166th Place, Apt 6F, Jamaica, NY 11434
Tiffany Shepard, 70 East 115th Street, Apt. 17J, New York, NY 10029
Heylix Torres, 655 Morris Ave, #14J, Bronx, NY 10451
Dina Zakharov, 246 Lorretto St, Staten Island, NY 10307
5. Describe in detail how any plaintiff ascertains whether an employee or
prospective employee has had an abortion, used birth control or made any other reproductive
health care choice. If the current process differs from the process used prior to the enactment of
Labor Law § 203-e, please describe the differences.
-3-
RESPONSE: This ascertainment may happen a variety of ways, including being
told by the staff member (prospective or not) or anyone else about the reproductive health
decision—this is especially likely given the centrality of abortion to Evergreen’s mission.
Evergreen also inquires directly whether a prospective staff member has a history of
abortion. See CS 004, Application Questionnaire (“Have you ever been involved in an
abortion . . . ?”). Evergreen expressly requires a pro-life commitment from staff members
and, in the last few months, has required staff members to sign a Statement of Position,
Faith & Principle which requires that staff members uphold Evergreen’s values. These
requirements make it clear that if a staff member has an abortion, it should be disclosed to
Evergreen so that they can make an informed decision about that staff member’s
involvement with Evergreen.
6. Describe in detail how any plaintiff ascertains whether a dependent of an
employee has had an abortion, used birth control or made any other reproductive health care
choice. If the current process differs from the process used prior to the enactment of Labor Law §
203-e, please describe the differences.
RESPONSE: Evergreen could be informed about a dependent’s reproductive health
decision by a staff member or third party, and, in theory, that could have some bearing on
the staff member’s involvement at Evergreen if the staff member took part in or
encouraged the reproductive health decision. However, Evergreen does not inquire about
reproductive health decisions of dependents of staff members.
-4-
7. Describe in detail how any plaintiff ascertains whether an applicant for
employment has had an abortion, used birth control or made any other reproductive health care
RESPONSE: This ascertainment may happen a variety of ways, including being
told by the staff member (prospective or not) or anyone else about the reproductive health
decision—this is especially likely given the centrality of abortion to Evergreen’s mission.
Evergreen also inquires directly whether a prospective staff member has a history of
abortion. See CS 004, Application Questionnaire (“Have you ever been involved in an
abortion . . . ?”). Evergreen expressly requires a pro-life commitment from staff members
and, in the last few months, has required staff members to sign a Statement of Position,
Faith & Principle which requires that staff members uphold Evergreen’s values. These
requirements make it clear that if a staff member has an abortion, it should be disclosed to
Evergreen so that they can make an informed decision about that staff member’s
involvement with Evergreen.
8. Describe in detail how any plaintiff ascertains whether a dependent of an
applicant has had an abortion, used birth control or made any other reproductive health care
-5-
9. Describe in detail how any plaintiff ascertains whether a dependent of a volunteer
or intern has had an abortion, used birth control or made any other reproductive health care
10. Identify the persons who currently interview, or evaluate applications from,
potential employees at Plaintiff The Evergreen Association, Inc. or any subsidiary thereof.
RESPONSE: Rev. James Harden.
11. Identify the persons who are responsible for assessing employees’ compliance
with codes, rules or standards of employee conduct at The Evergreen Association, Inc. or any
subsidiary thereof.
-6-
12. Identify the persons responsible for disciplining and/or terminating employees of
The Evergreen Association, Inc. or any subsidiary thereof.
/s/ J. Matthew Belz

J. Matthew Belz #MO-61088
Clayton Plaza Law Group
112 South Hanley, Second Floor
St. Louis, Missouri 63105-3418
Phone: (314) 726-2800
Fax: (314) 863-3821
[email protected]
CHRISTOPHER A. FERRARA, ESQ.

148-29 Cross Island Parkway
Whitestone, Queens, New York 11357
Telephone: (718) 357-1040
[email protected]
Special Counsel to the
Thomas More Society
309 West Washington Street, Suite 1250
Chicago, Illinois, 60606
Attorneys for Plaintiffs
-7-
8

and DEFENDANT HOCHUL,

in her official capacity as
the Governor of the State of
THE EVERGREEN ASSOCIATION, INC., a New York New York, RESPONSE TO
nonprofit corporation, doing business as Expectant Mother PLAINTIFFS’ FIRST SET
Care and EMC FrontLine Pregnancy Centers, OF INTERROGATORIES
Plaintiffs, 20-CV-112
(TJM/DJS)
-against-

Department of the State of New York; and LETITIA JAMES,
in her official capacity as the Attorney General of the
State of New York,
Defendants.
Defendant Kathy Hochul, in her official capacity as Governor of the State of New York,
by her attorney, Letitia James, Attorney General of the State of New York (Adrienne J. Kerwin,
of counsel), pursuant to Federal Rule of Civil Procedure 33(b), objects and responds to Plaintiffs'
interrogatories, served on July 8, 2023, as follows:
1. Other than the attorney(s) of record, identify the person(s) answering these
interrogatories by giving such person’s(s’) full name(s), address(es) and job title(s), and identify
the full name, address, employer, and job title of anyone who assisted in or furnished information
for answering these interrogatories and specify which interrogatory(ies) such person(s) so
assisted in answering.
RESPONSE: Darren Cohen, Esq., Senior Counsel, Office of Governor Hochul, The
Capitol, Albany, New York in consultation with Office of the Governor staff and upon
review of documents maintained by the Office of the Governor.
2. Identify all experts that Defendants expect to call at the time of trial and provide
all disclosures required pursuant to Federal Rules of Civil Procedure 26(a)(2).
RESPONSE: Defendant Hochul has not identified any experts to call at the time of trial,
but will disclose any experts, if any, in accordance with Federal Rules of Civil Procedure
26(a)(2) and this Court’s orders.
3. Identify any statement made by Christopher Slattery, The Evergreen Association,
Inc., or any representative or agent of either of them concerning the subject of the Complaint
and/or other pleadings, whether oral, written, recorded in any way, including, but not limited to,
a stenographic, mechanical, electrical, audio, video, motion picture, photograph or other
recording, or transcription thereof, and, for each statement identified, state the following:
a. Date, place and time taken;
b. Name and address of the person or persons connected with taking it;
c. Names and addresses of all persons present at the time it was taken;
d. Whether the statement was oral, written, shorthand, recorded, taped, etc.;
e. Whether it was signed;
f. Names and addresses of the persons or organizations under whose direction
and upon whose behalf it was taken or made; and
g. Please attach an exact copy of the original of the statement, interview, report,
film or tape to your answers to these interrogatories; if oral, please state
verbatim the contents thereof.
-2-
RESPONSE: Defendant Hochul is not aware of any statement other than those made in
connection with the legal proceedings in this case, or the case of Slattery v. City of New York, 20-
CV-00580-PKC-PK, pending in the United States District Court, Eastern District of New York.
4. Identify all records the Defendants have which mention or refer to any Plaintiff
including, but not limited to correspondence/communications, photographs or recordings,
incident and/or complaint reports, or any other documents. With respect to those records, please
identify who kept the above designated records, where they were kept, and state whether they
were kept as part of the standard business practice of the Defendants. Describe any alterations in
the record, or any record additions, subtractions, or changes in entries wherein, the alterations,
additions, subtractions, or changes in entries were not made at or near the time of the original
facts recorded. Finally, state whether any records were lost, misplaced, or destroyed, or
currently unavailable.
RESPONSE: Defendant Hochul is not aware of any non-privileged responsive records.
Upon agreement of Plaintiffs’ counsel, any responsive information related to public filings in this
case and the case of CompassCare v. Hochul, 19-cv-1409 (TJM/DJS) (N.D.N.Y.)
(“CompassCare litigation”) are not included as responses hereto, and documents protected by
attorney-client privilege and/or attorney work product in either this case or the CompassCare
litigation need not be logged.
5. Identify and describe the purpose(s) of the Boss Bill and the governmental
interests served by the Boss Bill.
RESPONSE: Defendant Hochul objects to this Interrogatory in that she did not draft or
pass the legislation. Defendant Hochul also objects to this Interrogatory as it seeks information
from individuals, organizations, state agencies or other entities that is not in Defendant Hochul’s
-3-
possession, custody or control. Defendant Hochul further objects on the ground of undue burden
because legislative history and other materials in the public record are equally available to
Plaintiffs.
6. Identify and describe specific, actual (non-hypothetical) instances of
discrimination in the State of New York, before the passage of the Boss Bill, that would be
addressed by the Boss Bill.
RESPONSE: Defendant Hochul is not aware of such an instance.
7. Identify and describe investigations, complaints, private suits or other
enforcement actions of any type brought under the Boss Bill.
RESPONSE: Defendant Hochul objects to this Interrogatory in that the terms/phrases
“investigations,” “complaints,” “other enforcement actions” and “under the Boss Bill” are
ambiguous and unclear. Defendant Hochul also objects to this Interrogatory as it seeks
information from individuals, organizations, state agencies or other entities that is not in
Defendant Hochul’s possession, custody or control. Defendant Hochul further objects to the
Interrogatory because it seeks information irrelevant to the single claim remaining in this case.
Without waiving these objections, Defendant Hochul is not aware of any investigations or
enforcement actions relating to alleged violations of the Boss Bill.
8. Identify parties (for instance, other governments, Planned Parenthood or NARAL
Pro-Choice America), and their specific representative(s), that Defendant(s) consulted or had
discussions with regarding the Boss Bill before its passage.
RESPONSE: Defendant Hochul objects to this Interrogatory as vague and confusing in
its use of the term “consulted” and overbroad in its use of the terms “parties” and “discussions
with.” Defendant Hochul also objects to this Interrogatory as it seeks information from
-4-
individuals, organizations, state agencies or other entities that is not in Defendant Hochul’s
possession, custody or control. Defendant Hochul further objects to the Interrogatory because it
seeks information irrelevant to the single claim remaining in this case. Without waiving these
objections, Governor Hochul is not aware of any party that was consulted.
9. Identify all categories or types of entities exempt from the requirements of the
Boss Bill as well as any entities or individuals that have requested and been granted an
exemption from the Boss Bill.
RESPONSE: Defendant Hochul objects to this Interrogatory as vague, ambiguous and
overbroad in its use of the phrases “categories or types of entities” and “requirements of the Boss
Bill.” Defendant Hochul further objects to this Interrogatory as it seeks information from
individuals, organizations, state agencies or other entities that is not in Defendant Hochul’s
possession, custody or control. Defendant Hochul also objects to this Interrogatory because it
presupposes that requests for an exemption from the Boss Bill are permitted. Without waiving
these objections, the Boss Bill does not contain any exemption, Governor Hocul would not be
the recipient of any request for an exemption, and Governor Hochul is unaware of any requests
for an exemption.
-5-

October 10, 2023
LETITIA JAMES
Attorney General
State of New York
Attorney for Defendants
The Capitol

Adrienne J. Kerwin
Bar Roll No. 105154
Telephone: (518) 776-2608
Fax: (518) 915-7738 (Not for service of papers)
To: J. Matthew Belz, Esq. (via email and U.S. mail)

112 St. Louis, MO 63105-3418
[email protected]
Christopher A. Ferrara, Esq. (via email and U.S. mail)

Whitestone, NY 11357
[email protected]
-6-

and DEFENDANT REARDON,

in her official capacity as the
Commissioner of the New
York State Department of
Labor, RESPONSE TO
THE EVERGREEN ASSOCIATION, INC., PLAINTIFFS’ FIRST SET
a New York nonprofit corporation, doing business OF INTERROGATORIES
as Expectant Mother Care and EMC FrontLine
Pregnancy Centers,
(TJM/DJS)
-against-

Department of the State of New York; and LETITIA JAMES,
in her official capacity as the Attorney General of the
State of New York,
Defendants.
Defendant Roberta Reardon, in her official capacity as Commissioner of the New York
State Department of Labor, by her attorney, Letitia James, Attorney General of the State of New
York (Adrienne J. Kerwin, of counsel), pursuant to Federal Rule of Civil Procedure 33(b),
objects and responds to Plaintiffs' interrogatories, served on July 8, 2023, as follows:
for answering these interrogatories and specify which interrogatory(ies) such person(s) so
assisted in answering.
RESPONSE: Bridget Holohan Scally., Esq., Deputy General Counsel, Office of
Counsel, New York State Department of Labor, Building 12, W.A. Harriman Campus, Albany,
New York in consultation with Department of Labor staff and upon review of documents
maintained by the Department of Labor.
2. Identify all experts that Defendants expect to call at the time of trial and provide
all disclosures required pursuant to Federal Rules of Civil Procedure 26(a)(2).
RESPONSE: Defendant Reardon has not identified any experts to call at the time of
trial, but will disclose any experts, if any, in accordance with Federal Rules of Civil Procedure
26(a)(2) and this Court’s orders.
Inc., or any representative or agent of either of them concerning the subject of the Complaint
and/or other pleadings, whether oral, written, recorded in any way, including, but not limited to,
a stenographic, mechanical, electrical, audio, video, motion picture, photograph or other
recording, or transcription thereof, and, for each statement identified, state the following:
f. Names and addresses of the persons or organizations under whose direction
and upon whose behalf it was taken or made; and
-2-
RESPONSE: Defendant Reardon is not aware of any statement other than those made in
connection with the legal proceedings in this case, or the case of Slattery v. City of New York, 20-
CV-00580-PKC-PK, pending in the United States District Court, Eastern District of New York.
including, but not limited to correspondence/communications, photographs or recordings,
incident and/or complaint reports, or any other documents. With respect to those records, please
identify who kept the above designated records, where they were kept, and state whether they
were kept as part of the standard business practice of the Defendants. Describe any alterations in
the record, or any record additions, subtractions, or changes in entries wherein, the alterations,
additions, subtractions, or changes in entries were not made at or near the time of the original
facts recorded. Finally, state whether any records were lost, misplaced, or destroyed, or
currently unavailable.
RESPONSE: Defendant Reardon is aware of any non-privileged records. Upon
agreement of Plaintiffs’ counsel, any responsive information related to public filings in this case
and the case of CompassCare v. Hochul, 19-cv-1409 (TJM/DJS) (N.D.N.Y.) (“CompassCare
litigation”) are not included as responses hereto, and documents protected by attorney-client
privilege and/or attorney work product in either this case or the CompassCare litigation need not
be logged.
5. Identify and describe the purpose(s) of the Boss Bill and the governmental
interests served by the Boss Bill.
-3-
RESPONSE: Defendant Reardon objects to this Interrogatory in that she did not draft or
pass the legislation. Defendant Reardon also objects to this Interrogatory as it seeks information
from individuals, organizations, state agencies or other entities that is not in Defendant
Reardon’s possession, custody or control. Defendant Reardon further objects on the ground of
undue burden because legislative history and other materials in the public record are equally
available to Plaintiffs.
6. Identify and describe specific, actual (non-hypothetical) instances of
discrimination in the State of New York, before the passage of the Boss Bill, that would be
addressed by the Boss Bill.
RESPONSE: Defendant Reardon is not aware of such an instance.
7. Identify and describe investigations, complaints, private suits or other
enforcement actions of any type brought under the Boss Bill.
RESPONSE: Defendant Reardon objects to this Interrogatory in that the terms/phrases
“investigations,” “complaints,” “other enforcement actions” and “under the Boss Bill” are
ambiguous and unclear. Defendant Reardon also objects to this Interrogatory as it seeks
information from individuals, organizations, state agencies or other entities that is not in
Defendant Reardon’s possession, custody or control. Defendant Reardon further objects to the
Without waiving these objections, Defendant Reardon is not aware of any investigations or
enforcement actions relating to alleged violations of the Boss Bill.
-4-
RESPONSE: Defendant Reardon objects to this Interrogatory as vague and confusing in
its use of the term “consulted” and overbroad in its use of the terms “parties” and “discussions
with.” Defendant Reardon also objects to this Interrogatory as it seeks information from
individuals, organizations, state agencies or other entities that is not in Defendant Reardon’s
possession, custody or control. Defendant Reardon further objects to the Interrogatory because it
seeks information irrelevant to the single claim remaining in this case. Without waiving these
objections, Commissioner Reardon is not aware of any party that was consulted.
9. Identify all categories or types of entities exempt from the requirements of the
Boss Bill as well as any entities or individuals that have requested and been granted an
exemption from the Boss Bill.
RESPONSE: Defendant Reardon objects to this Interrogatory as vague, ambiguous and
overbroad in its use of the phrases “categories or types of entities” and “requirements of the Boss
Bill.” Defendant Reardon further objects to this Interrogatory as it seeks information from
individuals, organizations, state agencies or other entities that is not in Defendant Reardon’s
possession, custody or control. Defendant Reardon also objects to this Interrogatory because it
presupposes that requests for an exemption from the Boss Bill are permitted. Without waiving
these objections, the Boss Bill does not contain any exemption and Commissioner Reardon is
unaware of any requests for an exemption.
-5-

October 3, 2023
LETITIA JAMES
Attorney General
State of New York
The Capitol

Adrienne J. Kerwin
Bar Roll No. 105154
Telephone: (518) 776-2608

112 St. Louis, MO 63105-3418
[email protected]

[email protected]
-6-

CHRISTOPHER T. SLATTERY, a New York

resident,
and
THE EVERGREEN ASSOCIATION, INC., a New LETITIA JAMES, in her official

York nonprofit corporation, doing business as capacity as the Attorney General of
Expectant Mother Care and EMC FrontLine the State of New York, RESPONSE
Pregnancy Centers, TO PLAINTIFFS’ FIRST SET OF
Plaintiffs, INTERROGATORIES
- against - 20-CV-112 (TJM/DJS)
KATHY HOCHUL, in her official capacity as the

Governor of the State of New York; ROBERTA
REARDON, in her official capacity as the
Commissioner of the Labor Department of the State of
New York; and LETITIA JAMES, in her official
capacity as the Attorney General of the State of New
York,
Defendants.
Letitia James, Attorney General of the State of New York, in her official capacity, by
counsel, Assistant Attorney General Adrienne J. Kerwin, objects and responds to Plaintiffs’
interrogatories, served on July 8, 2023, as follows:
for answering these interrogatories and specify which interrogatory(ies) such person(s) so assisted
in answering.
RESPONSE: Galen Sherwin., Special Counsel for Reproductive Justice, Office of the
Attorney General, 28 Liberty Street, New York, NY, in consultation with Office of the Attorney
General staff.
2. Identify all experts that Defendants expect to call at the time of trial and provide all
disclosures required pursuant to Federal Rules of Civil Procedure 26(a)(2).
RESPONSE: Attorney General James, in her official capacity, has not identified any
experts to call at the time of trial, but will disclose any experts, if any, in accordance with Federal
Rules of Civil Procedure 26(a)(2) and this Court’s orders.
Inc., or any representative or agent of either of them concerning the subject of the Complaint and/or
other pleadings, whether oral, written, recorded in any way, including, but not limited to, a
stenographic, mechanical, electrical, audio, video, motion picture, photograph or other recording,
or transcription thereof, and, for each statement identified, state the following:
f. Names and addresses of the persons or organizations under whose direction and
upon whose behalf it was taken or made; and
RESPONSE: Attorney General James, in her official capacity, is not aware of any
-2-
statement other than those made in connection with the legal proceedings in this case, or the case
of Slattery v. City of New York, 20-CV-00580-PKC-PK, pending in the United States District
Court, Eastern District of New York.
including, but not limited to correspondence/communications, photographs or recordings, incident
and/or complaint reports, or any other documents. With respect to those records, please identify
who kept the above designated records, where they were kept, and state whether they were kept as
part of the standard business practice of the Defendants. Describe any alterations in the record, or
any record additions, subtractions, or changes in entries wherein, the alterations, additions,
subtractions, or changes in entries were not made at or near the time of the original facts recorded.
Finally, state whether any records were lost, misplaced, or destroyed, or currently unavailable.
RESPONSE: Upon agreement of Plaintiffs’ counsel, any responsive information related
to public filings in this case and the case of CompassCare v. Hochul, 19-cv-1409 (TJM/DJS)
(N.D.N.Y.) (“CompassCare litigation”) are not included as responses hereto, and documents
protected by attorney-client privilege and/or attorney work product in either this case or the
CompassCare litigation need not be logged. Without waiving these objections, Attorney General
James, in her official capacity, is continuing to search for responsive documents and reserves the
right to lodge objections as to any such documents, if applicable, upon service of any supplemental
response hereto.
5. Identify and describe the purpose(s) of the Boss Bill and the governmental interests
served by the Boss Bill.
RESPONSE: Attorney General James, in her official capacity, objects to this
-3-
Interrogatory in that the Office of the Attorney General did not draft or pass the legislation.
Attorney General James, in her official capacity, also objects to this Interrogatory as it seeks
information from individuals, organizations, state agencies or other entities that is not in the
possession, custody or control of the Office of the Attorney General. Attorney General James, in
her official capacity, further objects on the ground of undue burden because legislative history and
other materials in the public record are equally available to Plaintiffs.
6. Identify and describe specific, actual (non-hypothetical) instances of discrimination
in the State of New York, before the passage of the Boss Bill, that would be addressed by the Boss
Bill.
RESPONSE: Attorney General James, in her official capacity, is not aware of such an
instance.
7. Identify and describe investigations, complaints, private suits or other enforcement
actions of any type brought under the Boss Bill.
Interrogatory in that the terms/phrases “investigations,” “complaints,” “other enforcement actions”
and “under the Boss Bill” are ambiguous and unclear. Attorney General James, in her official
capacity, also objects to this Interrogatory as it seeks information from individuals, organizations,
state agencies or other entities that is not in possession, custody or control of the Office of the
Attorney General. Attorney General James, in her official capacity, further objects to the
Without waiving these objections, Attorney General James, in her official capacity, is not aware
of any investigations or enforcement actions relating to alleged violations of the Boss Bill.
-4-
Interrogatory as vague in its use of the term “consulted” and overbroad in its use of the terms
“parties” and “discussions with.” Attorney General James, in her official capacity, also objects to
this Interrogatory as it seeks information from individuals, organizations, state agencies or other
entities that is not in possession, custody or control of the Office of the Attorney General. Attorney
General James, in her official capacity, further objects to the Interrogatory because it seeks
information irrelevant to the single claim remaining in this case. Without waiving these objections,
Attorney General James, in her official capacity, is unaware of any party that was consulted.
9. Identify all categories or types of entities exempt from the requirements of the Boss
Bill as well as any entities or individuals that have requested and been granted an exemption from
the Boss Bill.
Interrogatory as vague, ambiguous and overbroad in its use of the phrases “categories or types of
entities” and “requirements of the Boss Bill.” Attorney General James, in her official capacity,
further objects to this Interrogatory as it seeks information from individuals, organizations, state
agencies or other entities that is not in possession, custody or control of the Office of the Attorney
General. Attorney General James, in her official capacity, also objects to this Interrogatory because
it presupposes that requests for an exemption from the Boss Bill are permitted. Without waiving
these objections, the Boss Bill does not contain any exemption, the Office of the Attorney General
-5-
would not be the recipient of any request for an exemption, and Attorney General James, in her
official capacity, is unaware of any requests for an exemption.

October 10, 2023
LETITIA JAMES
Attorney General
State of New York
The Capitol

Adrienne J. Kerwin
Bar Roll No. 105154
Telephone: (518) 776-2608

112 St. Louis, MO 63105-3418
[email protected]

[email protected]
-6-
P.O. Box 134, Bronx, NY 10705

(718) 401-9400 [email protected]
EMC Staff Statement of Position, Faith & Principle

The information provided here will be reviewed by Expectant Mother Care staff only and will remain
confidential)
Your involvement in Expectant Mother Care, including training, can begin only after the complete Application,
Resume, and 4 References are returned to Expectant Mother Care and reviewed by appropriate staff.
Name:
Positional Statements
Please carefully read each of the four positional statements below. To be involved with Expectant
Mother Care, you are required to sign an agreement to uphold each of the Positional Statements as
stated. If you cannot agree to any part of the statements, stop the application process at this point
and speak with a Expectant Mother Care representative. (Note If you are not sure about your
agreement or have a question about a statement, write this in the space at the end of this section).
Abortion
1. It is our position that every abortion claims an innocent life.
2. We are painfully aware of the trauma surrounding pregnancies related to rape, incest, deformities
of the developing child, and/or health risks to the mother. We exist, in part, to provide helpful
intervention in such cases, but we do not find abortion to be either effective or morally acceptable
as a method of reducing such trauma.
3. In those extremely rare cases where continued pregnancy is reasonably expected to precipitate the
absolutely prescribing or recommending the act of abortion. In such cases, we encourage the
parties involved to prayerfully consider the gravity of their decision and the merit of available
alternatives. Furthermore, we commit ourselves to respect the decision of the parents and to
provide whatever support is possible.
Birth Control
1. -
control. We believe that, so long as people engage in sexual relationships outside of marriage,
there will continue to be great numbers of unplanned pregnancies, sexually transmitted diseases
and broken lives.
2. Much of the difficulty encountered in confronting the problems of young adult promiscuity and
pregnancy stems from a paradox engendered by the birth control establishment. Though young
sense its profound
significance and so feel both permission and desire to become sexually active. This has produced
CS 0333

ever-higher rates of young adult sexuality, pregnancy, abortion and disease the very problems
that expensive, tax-funded programs promised to prevent.
3. Expectant Mother Care Pregnancy Services is working to reach young adults with the less appealing
but more truthful message that sex can only be safe and loving within the context of a permanent,
marital relationship.
4. Our staff does not refer or provide patients with birth control.
Statement of Faith*
1. We believe the Bible to be the inspired, the only infallible, authoritative Word of God.
2. We believe that there is one God, eternally existent in three persons: Father, Son, and Holy Spirit.
3. We believe in the deity of our Lord Jesus Christ, in His virgin birth, in His sinless life, in His
miracles, in His vicarious and atoning death through His shed blood, in His bodily resurrection, in
His ascension to the right hand of the Father, and in His personal return in power and glory.
4. We believe that for the salvation of lost and sinful people, regeneration by the Holy Spirit is
absolutely essential, and that this salvation is received through faith in Jesus Christ as Savior and
Lord.
5. We believe in the present ministry of the Holy Spirit by whose indwelling the Christian is enabled to
live a godly life.
6. We believe in the resurrection of both the saved and the lost; they that are saved unto the
resurrection of life and they that are lost unto the resurrection of damnation.
7. We believe in the spiritual unity of believers in our Lord Jesus Christ.
*The above Statement of Faith is consistent with that of the National Association of Evangelicals.
Statement of Principle
1. Expectant Mother Care Pregnancy Services is an outreach ministry of Jesus Christ through His
church. Therefore, Expectant Mother Care is committed to presenting the gospel of our Lord to
women in crisis pregnancies both in word and in deed. In keeping with this purpose, those who
serve the agency as board members, staff, and volunteers are expected to know Christ as their
Savior and Lord.
2. Expectant Mother Care Pregnancy Services is committed to the highest degree of integrity in
dealing with its patients, earning their trust, providing promised information and services, and
avoiding any form of deception in its corporate advertising or individual conversations.
3. Expectant Mother Care Pregnancy Services offers assistance free of charge and does not
discriminate on the basis of age, gender, marital status, race, or religious preference.
4. Expectant Mother Care Pregnancy Services provides accurate and complete information concerning
prenatal development, abortion procedures and risks, and alternatives to abortion. Recognizing
that abortion compounds human need rather than resolving it, this agency does not recommend,
provide, or refer for abortions or abortifacients.
5. Expectant Mother Care
decision regarding an unplanned or unwanted pregnancy. Through emotional support and practical
CS 0334

assistance, women may face the future with hope, and plan constructively for themselves and their
babies.
6. Expectant Mother Care Pregnancy Services supports adoption as an excellent alternative to
abortion for women experiencing unplanned and unwanted pregnancies. A list of referrals to
adoption agencies and attorneys is available for those who find parenting to be impossible at this
stage of their lives. However, this organization does not initiate or facilitate adoption for our
patients, nor do we receive payment of any kind from these agencies.
7. Expectant Mother Care Pregnancy Services provides accurate and complete information on birth
control, distinguishing between methods that prevent conception and abortifacients, but does not
provide or refer patients for birth control.
8. Expectant Mother Care Pregnancy Services is committed to encouraging sexual abstinence among
those who are single, and fidelity within a marriage relationship.
If you have any variance with any part of the four Positional Statements above or any questions
about them, please state them below.
Commitment to Standards and Non-Disclosure

Expectant Mother Care is committed to serving our patients with the highest standard of professionalism. To do
this, we require that all staff agree to and commit to the standards listed below. Please read each of the
standards carefully. We require that you adhere to these standards at all times during your involvement with
Expectant Mother Care.
NOTE If you have a question about a standard or feel that you may be unable to adhere to a standard, please
indicate this in the space at the end of this section.
I will know and responsibly work towards fulfilling Expectant Mother Care
I will apply the values of Dignity, Relationality, Fighting Spirit, Relevance, and Accountability to my role
and activities at Expectant Mother Care.
I will serve women in unplanned pregnancies and post-abortion counseling with care and compassion,
speaking the truth in love through ministry and not manipulation.
I will keep all business operations, processes, methods, and documentation of Expectant Mother Care in
strict confidence at all times.
I will comply with the Policies and Procedures established by Expectant Mother Care.
I will commit to serve in my position with Expectant Mother Care for at least one year, following training.
I will never refer or advise any woman to have an abortion.
I will uphold Expectant Mother Care
patients.
CS 0335

I will maintain my scheduled hours and to seek a qualified substitute when necessary.
I will be prepared for my scheduled duties and will remain responsibly engaged while performing my
duties.
I will pray for Expectant Mother Care staff, volunteers, and patients.
I will commit to a monogamous marriage relationship during my time at a Expectant Mother Care (if
married).
I will remain sexually abstinent during my time at Expectant Mother Care (if unmarried).
I will maintain any professional licenses and certifications required to perform services at Expectant
Mother Care.
Questions or comments concerning the above Commitment to Standards and Non-Disclosure:
J) Signature of Agreement and Commitment
Having carefully read and completed this Application, I, the undersigned, agree that:
I have provided information that is accurate,
I will uphold the Mission, Values, and Strategy of Expectant Mother Care,
I will uphold the Positional Statements as stated,
I will uphold the Commitment to Standards and Non-Disclosure as stated, and
I have included any questions, concerns, or differences as I presently have them.
Signature:
______________________________________________________________________
CS 0336

NOIRTHERN DISTRICT OF NEW YORK
and
THE EVERGREEN ASSOCIATION, INC., a New York 20-CV-0112

nonprofit corporation, doing business as Expectant Mother
Care and EMC FrontLine Pregnancy Centers, TJM/DJS
Plaintiffs,
-against-

Defendants.
STATEMENT PURSUANT TO LOCAL RULE 56.1(a)
Pursuant to Rule 56.1(a) of the Local Rules of this Court, Defendants, Kathy Hochul, in
her official capacity as Governor of the State of New York, Roberta Reardon, in her official
capacity as Commissioner of the New York State Department of Labor, and Letitia James, in her
official capacity as Attorney General of the State of New York (“Defendants”) contend that as to
the following material facts, no genuine issue exists:

1. Evergreen operates three offices, which are located in Jackson Heights, the Bronx
and Brooklyn. Deposition of James Harden1 (“Harden Dep.”) 15-16, 45.
2. The Jackson Heights office is used once to twice per month on a part-time basis.
Id. 21-22.
3. Zero to one patient are seen per day in the Jackson Heights office. Id. 55.
4. The Bronx office is used two or three times per week. Id. 55.
5. The Brooklyn office is open Monday through Friday 9am to 5pm depending on
patient load. Id. 62-63.
6. Evergreen employs six people. Id. 65, 93-94.
7. All Evergreen employees are part-time. Id. 53.
8. Evergreen employs two Licensed Practical Nurses (“L.P.N.”), two
ultrasonographers, one material coordinator and one scheduler/counselor. Id. 63-65, 93-94.
9. Evergreen employs one scheduler who makes appointments for patients on the
phone to come in and see an L.P.N. and ultrasonographer. Id. 36-37.
10. An L.P.N. and an ultrasonographer are the only employees that work at Evergreen’s
Jackson Heights location. Id. 21-22, 36.
11. The Jackson Heights L.P.N. provides pregnant women information about her
pregnancy and information available in the community to help her. Id. 23-24, 37-38, 41.
12. Three Evergreen employees work at the Bronx location: an ultrasonographer,
material coordinator and scheduler/counselor. Id. 47-49.
1
The Deposition of James Harden is annexed to the Declaration of Adrienne J. Kerwin at Exhibit
A.
2
13. An L.P.N. may provide services at the Bronx office if needed. Id. 56.
14. Evergreen does not look to hire L.P.N.’s with counseling experience. Id. 25.
15. Evergreen ultrasonographers provides pregnancy diagnosis by ultrasound imaging.
Id. 22, 52-53.
16. The ultrasonographers who work for Evergreen may incidentally speak to a patient
about the nature of her pregnancy as it relates to abortion options, and different side-effects and
costs associated with them, but their primary function is to conduct the direct imaging diagnostic
scan and potentially explaining the scan to the patient. Id. 31-35.
17. The counselor only works in the Bronx location. Id. 62.
18. The counselor at the Bronx location receives patients into the office, discusses the
patient’s situation and the factors influencing the patient’s contemplation of abortion, and refers
the patient to community resources who may be able to alleviate her concerns. Id. 49, 51-52.
19. Evergreen does not require that its counselor have any background in counseling.
Id. 50.
20. Evergreen’s primary concern in hiring a counselor is that the individual’s views
about abortion coincide with Evergreen’s views. Id. 51.
21. Evergreen’s material coordinator collects donated materials such as diapers and
formula and coordinates the dissemination of those materials to community organizations. Id. 47-
48, 56-57.
22. The material coordinator has no face--to--face interaction with patients. Id. 48.
23. Evergreen’s only focus in terms of patient services is on unplanned pregnancies.
Id. 43.
3
24. Evergreen provides a medical model of service instead of strictly lay-counseling.
Id. 44, 46.
25. In its medical model of service, Evergreen does not counsel patients using
information generated by a pregnancy center to help patients make decisions about their
pregnancies, except incidentally through an L.P.N. or ultrasonographer. Id. 46-47.
26. No Evergreen employee has ever been fired because of her own healthcare
decisions. Id. 42. See also Plaintiff’s Response to Defendants’ First Set of Interrogatories2 (“Pl.’s
Resp. to Def.’s Interrog.”) No. 1.
27. No Evergreen employee has ever been fired because she has had an abortion.
Harden Dep. 42, 60-61, 81. See also Pl.’s Resp. to Def.’s Interrog. No. 1.
28. No Evergreen employee has ever been fired because she has used birth control.
Harden Dep. 42, 61, 81. See also Pl.’s Resp. to Def.’s Interrog. No. 1.
29. Evergreen has never changed an employee’s job duties because of that employee’s
experience with abortion. Harden Dep. 81-82. See also Pl.’s Resp. to Def.’s Interrog. No. 1.
30. Evergreen’s concern about birth control is with the abortifacient nature of certain
kinds of birth control. Harden Dep. 43.
31. Evergreen will hire someone who has had an abortion. Id. 92, 122-123.
32. Evergreen has hired people who have had abortions. Id. 92.
33. Evergreen has probably hired someone who has used birth control. Id. 92.
2
Plaintiff’s Response to Defendants’ First Set of Interrogatories is annexed to the Declaration of
Adrienne J. Kerwin at Exhibit B.
4
34. Evergreen will hire unmarried people who have not been abstinent. Id. 92-93, 122-
123.
35. No Evergreen employee has ever referred a patient to a place that offers abortion
services. Id. 61.
36. Evergreen is satisfied with its current staff and is not doing any hiring. Id. 65-66,
98.
37. Evergreen does not have any interns and has no plans to have any. Id. 66, 68-69,
113-114.
38. Evergreen only had its current employees sign a Statement of Position, Faith and
Principle just a few months prior to January 16, 2024, after Mr. Slattery’s death, to ensure that its
employees hold the standards espoused by Evergreen. Id. 73, 74.
39. At the time Evergreen had its employees sign a Statement of Position, Faith and
Principle, it had no concerns that any employee was acting contrary to Evergreen’s beliefs. Id. 77.
40. Evergreen began having its employees sign a Statement of Position, Faith and
Principle, in part, because of this lawsuit. Id. 74, 76-77.
41. Prior to signing a Statement of Position, Faith and Principle, employees were
verbally told during the hiring process that they were expected to conduct themselves consistent
with a Biblical ethic of sexuality, including abstinence for non-married people, rejection of
abortion and upholding the church’s teachings about abortifacient contraception. Id. 70-71
42. Labor Law § 203-e has probably not caused any financial harm to Evergreen. Id.
94-95, 115-116.
5
43. None of Evergreen’s donors are concerned that Evergreen’s pro-life position has
been compromised by Labor Law § 203-e. Id. 96.
44. Once hired, an employee’s experience with abortion or birth control does not come
up and Evergreen does not ask employees about it. Id. 96.
45. Evergreen only wants employees who share Evergreen’s pro-life views and beliefs
and will convey Evergreen’s message. Id. 96-97, 121-122, 123.
46. Evergreen would not fire an employee because of an employee’s child’s unmarried
pregnancy or use of birth control. Id. 97.
47. Evergreen has not had to change anything about its operations, or the services it
provides, because of Labor Law § 203-e. Id. 98.
48. Evergreen does not exclude people as employees because of conduct contrary to
Evergreen’s beliefs. Id. 123.
49. Evergreen wants to hire employees committed to maintaining Evergreen’s
viewpoints. Id. 123.
50. Section 203-e has never been enforced against Evergreen. Governor Hochul’s
Response to Plaintiffs’ First Set of Interrogatories (“Def. Hochul’s Resp. to Pl.’s Interrog.”) No.
7; Commissioner Reardon’s Response to Plaintiffs’ First Set of Interrogatories (“Def. Reardon’s
Resp. to Pl.’s Interrog.”) No. 7; Attorney General James’s Response to Plaintiff’s First Set of
Interrogatories (“Def. James’s Resp. to Pl.’s Interrog.”) No. 7.3
3
Governor Hochul’s Response to Plaintiffs’ First Set of Interrogatories, Commissioner
Reardon’s Response to Plaintiff’s First Set of Interrogatories and Attorney James’s Response to
Plaintiffs’ First Set of Interrogatories are annexed to the Declaration of Adrienne J. Kerwin at
Exhibits C, D and E, respectively.
6

April 26, 2024
LETITIA JAMES
Attorney General of the State of New York
Kathy Hochul, Roberta Reardon and Letitia James
in their Official Capacities
The Capitol

Adrienne J. Kerwin
Bar Roll No. 105154
Telephone: (518) 776-2608
TO: All Counsel of Record
7


and THE EVERGREEN ASSOCIATION, INC., a New
York nonprofit corporation, doing business as Expectant
Mother Care and EMC FrontLine Pregnancy Centers,
-against-
TJM/DJS
Defendants.
MEMORANDUM OF LAW IN SUPPORT OF DEFENDANTS’ MOTION FOR

SUMMARY JUDGMENT PURSUANT TO FED. R. CIV. P. 56 AND N.D.N.Y. LOCAL
RULE 56.1(A)
LETITIA JAMES
Attorney General
State of New York
Kathy Hochul, Roberta Reardon, and Letitia
James in their Official Capacities
The Capitol
Telephone: (518) 776-2608
Fax: (518) 915-7738 (Not for service of
papers)
Adrienne J. Kerwin
Noah D. Coates
Attorney General Legal Intern, on the Brief Dated: April 26, 2024
Table of Contents
TABLE OF AUTHORITIES .......................................................................................................... ii
PRELIMINARY STATEMENT .................................................................................................... 1
NEW YORK’S PROTECTION OF PRIVACY AND PERSONAL DECISIONS……………….2
LABOR LAW § 203-E……………………………………………………………………………2
STATEMENT OF FACTS………………………………………………………………………..3
PROCEDURAL HISTORY………………………………………………………………………5
STANDARD OF REVIEW……………………………………………………………………….6
ARGUMENT……………………………………………………………………………………...7
POINT I: PLAINTIFF'S CLAIM IS NOT JUSTICIABLE……………………………….7
A. Evergreen Cannot Demonstrate that it Intends to Engage in a

Course of Conduct Proscribed by Labor Law § 203-e……………9
B. Evergreen Cannot Establish a Credible Threat of Prosecution

Under § 203-e……………………………………………………10
POINT II: PLAINTIFF CANNOT ESTABLISH A VIOLATION OF ITS FIRST

AMENDMENT RIGHT TO FREEDOM OF ASSOCIATION……………...13
A. The Freedom of Expressive Association Does Not Apply

to the Employer-Employee Relationship………………………...13
B. Even if, Arguendo, the Freedom of Association Applies

to the Employer-Employee Relationship, Plaintiff Cannot
Establish a Violation of that Right……………………………….18
1. Section 203-e Does Not Significantly Burden

Evergreen’s Ability to Advocate its Viewpoints………...19
2. Even if Strict Scrutiny Applies, Plaintiff Cannot

Establish a First Amendment Violation………………….22
CONCLUSION…………………………………………………………………………………..26
i
Table of Authorities
CASES Page(s)
AMSAT Cable Ltd. v. Cablevision of Conn.,

6 F. 3d 867, 872 (2d Cir. 1993)............................................................................................8
Am. Booksellers Found. v. Dean,

342 F. 3d 96 (2d Cir. 2003)………………………………………………………………10
Anderson v. Liberty Lobby, Inc.,

477 U.S. 242 (1986)……………………………………………………………………….6
Aron v. Becker,
48 F. Supp. 3d 347 (N.D.N.Y. 2014)……………………………………………………...7
Babbit v. United Farm Workers National Union,

442 U.S. 289 (1979)……………………………………………………………………...11
Bear Creek Bible Church v. EEOC,

571 F. Supp. 3d 571 (N.D. Tex. 2021)……………………………………………….15-16
Billard v. Charlotte Catholic High Sch.,

No. 3:17-cv-00011, 2021 U.S. Dist. LEXIS 167418
(W.D.N.C. Sept. 3, 2021), appeal filed, No. 3:17-cv-00011,
ECF No. 73 (April 18, 2022), appeal stayed by No. 22-1440,
2023 U.S. App. LEXIS 9679 (4th Cir. Apr. 21, 2023)…………………………………..16
Board of Directors of Rotary Int’l. v. Rotary Club of Duarte,

481 U.S. 537 (1987)……………………………………………………………………...15
Boelter v. Hearst Communs.,

192 F. Supp. 3d 427 (S.D.N.Y. 2016)…………………………………………………….2
Boy Scouts of America v. Dale,

530 U.S. 640 (2000)………………………………………………………………...passim
Braidwood Mgmt. v. EEOC,

No. 22-10145, 2023 U.S. App. LEXIS 15378 (5th Cir. June 20, 2023)…………………16
Christian Legal Soc’y v. Walker,

453 F. 3d 853 (7th Cir. 2006)……………………………………………………………25
Clapper v. Amnesty Int’l USA,

568 U.S. 398 (2013)……………………………………………………………………….7
ii
CompassCare v. Cuomo,
465 F. Supp. 3d 122 (N.D.N.Y. 2020)……………………………………………….11, 24
Dobbs v. Jackson Women’s Health Org.,

597 U.S. 215 (2022)…………………………………………………………………...2, 23
Fighting Finest v. Bratton,

95 F. 3d 224 (2d Cir. 1996)………………………………………………………………19
Fitzgerald v. Roncalli High Sch.,

No. 1:19-cv-04291, 2021 U.S. Dist. LEXIS 206826
(S.D. Ind. March 31, 2021)………………………………………………………………16
Griswold v. Connecticut,
381 U.S. 479 (1965)……………………………………………………………………...23
Hedges v. Obama,
724 F. 3d 170 (2d Cir. 2013)……………………………………………………………..11
Hishon v. King & Spalding,

467 U.S. 69, 78 (1984)……………………………………………………………….14, 16
Hope v. Perales,
83 N.Y.2d 563 (1994)……………………………………………………………………23
Jacoby & Meyers, LLP v. Presiding Justices of the First, Second, Third & Fourth Dep’ts,
852 F. 3d 178 (2d Cir. 2017)…………………………………………………………13, 22
Jews for Jesus, Inc. v. Jewish Community Relations Council, Inc.,

968 F.2d 286 (2d Cir. 1992)……………………………………………………………...24
Kerzer v. Kingly Mfg.,

156 F. 3d 396 (2d Cir. 1998)………………………………………………………………7
Kraham v. Lippman,
478 F. 3d 502 (2d Cir. 2007)……………………………………………………………..22
Lorillard Tobacco Co. v. Reilly,

533 U.S. 525 (2001)……………………………………………………………………...14
Lujan v. Defenders of Wildlife,

504 U.S. 555 (1992)…………………………………………………………………….7, 8
McMahon v. World Vision, Inc.,

No. C21-0920JLR, 2023 U.S. Dist. LEXIS 211417 (W.D. Wash. Nov. 28, 2023)……...16
iii
NAACP v. Alabama ex rel. Patterson,

357 U.S. 449 (1958)……………………………………………………………………...17
Nat’l Org. for Marriage, Inc. v. Walsh,

714 F. 3d 682 (2d Cir. 2013)………………………………………………………..passim
New Hope Family Servs. v. Poole,

966 F. 3d 145 (2d Cir. 2020)…………………………………………………………18, 20
New York Civil Liberties Union v. Grandeau,

528 F. 3d 122 (2d Cir. 2008)………………………………………………………………8
New York State Club Assn. v. City of New York,

487 U.S. 1 (1988)………………………………………………………………………...14
Nix v. WLCY Radio/Rahall Commc’ns,

738 F. 2d 1181 (11th Cir. 1984)…………………………………………………………17
Our Lady’s Inn v. City of St. Louis,

349 F. Supp. 3d 805 (E.D. Mo. 2018)…………………………………………………...16
Parents Protecting Our Child., UA v. Eau Claire Area Sch. Dist., Wisconsin,
No. 23–1534, 2024 WL 981436 (7th Cir. Mar. 7, 2024)………………………………….7
Roberts v. United States Jaycees,

468 U.S. 609 (1984)…………………………………………………………………passim
Richardson v. Northwest Christian Univ.,

242 F. Supp. 3d 1132 (D. Or. 2017)……………………………………………………..16
Roe v. City of Waterbury,

542 F. 3d 31 (2d Cir. 2008)………………………………………………………………..6
Sanitation & Recycling Indus., Inc. v. City of New York,

107 F. 3d 985 (2d Cir. 1997)……………………………………………………………..23
Silva v. Farrish,
47 F. 4th 78 (2d Cir. 2022)……………………………………………………………9, 10
Slattery v. Cuomo,
531 F. Supp. 3d 547 (N.D.N.Y. 2021)…………………………………………….2, 20, 21
Slattery v. Hochul,
61 F. 4th 278 (2d Cir. 2023)………………………………………………………...passim
iv
Starkey v. Roman Catholic Archdiocese of Indianapolis,

496 F. Supp 3d 1195 (S.D. Ind. 2020)………………………………………………..15-16
Steffel v. Thompson,
415 U.S. 452 (1974)………………………………………………………………….10-11
Susan B. Anthony List v. Driehaus,

573 U.S. 149 (2014)……………………………………………………………………….9
Tabbaa v. Chertoff,
509 F. 3d 89 (2d Cir. 2007)………………………………………………………13, 19, 22
Thomas v. Union Carbide Agric. Prods. Co.,

473 U.S. 568 (1985)…………………………………………………………………...8, 11
United Reporting Publ’g Corp. v. California Highway Patrol,

146 F. 3d 1133 (9th Cir. 1998)……………………………………………………………2
Vt. Right to Life Comm. v. Sorrell,

221 F. 3d 376 (2d Cir. 2000)……………………………………………………………..10
Wagner v. Swarts,
827 F. Supp. 2d 85 (N.D.N.Y. 2011)……………………………………………………...7
West Coast Hotel Co. v Parrish,

300 U.S. 379 (1937)………………………………………………………………….16-17
Wisconsin v. Mitchell,
508 U.S. 476 (1993)……………………………………………………………………...14
U.S. CONSTITUTION
U.S. Const. art III………………………………………………………………………………….8
STATE STATUTES
N.J. Stat. Ann.

10:5-4 .......................................................................................................................................15
10:5-5 .......................................................................................................................................15
N.Y. Labor Law

Art. 7 ........................................................................................................................................15
§ 191...................................................................................................................................15, 17
§ 203-e ............................................................................................................................. passim
§ 203-e(1) ...................................................................................................................................3
v
§ 203-e(2)(a) ..........................................................................................................................2, 3
§ 203-e(2)(b) ..............................................................................................................................3
§ 203-e(7) .................................................................................................................................26
§ 652...................................................................................................................................15, 17
N.Y. Pub. Health Law

§ 2599-bb .............................................................................................................................2, 23
RULES
29 C.F.R. pt. 19010 ..................................................................................................................15, 17
Federal Rules of Civil Procedure

Rule 12(b)(6)....................................................................................................................5, 6, 13
Rule 30(b)(6)........................................................................................................................4, 10
Rule 56 .......................................................................................................................................1
Rule 56(a)...................................................................................................................................6
N.D.N.Y. Local Rules
Rule 56.1(a)................................................................................................................................1
MISCELLANEOUS
CompassCare, et al. v. Hochul, et al., 22-951(L), Brief of Amici Curiae 20,

ECF No. 85 (2d Cir. July 13, 2023)……………………………………………………...18
Hans Allhoff, Membership and Messages: The Il(logic) of Expressive Association Doctrine,
15 U. Pa. J. Const. L. 1455, 1456 (2013)………………………………………………...21
Laws 2019, ch. 1, § 1…………………………………………………………………………...2, 23
N.Y.S. Assembly Memorandum in Support of Legislation, Bill No. A584………………………3
N.Y.S Senate Sponsor Memorandum, Bill No. S660……………………………………………..3
N.Y.S. Assembly Debate on Assembly Bill No. A00584, Jan. 22, 2019………………………..24
vi
Defendants, Kathy Hochul, in her official capacity as Governor of the State of New York,
Roberta Reardon, in her official capacity as Commissioner of the New York State Department of
Labor, and Letitia James, in her official capacity as Attorney General of the State of New York
(“Defendants”), respectfully submit this Memorandum of Law in support of their Motion for
Summary Judgment pursuant to Fed. R. Civ. P. 56 and Local Rule 56.1(a).
PRELIMINARY STATEMENT
In November 2019, New York State enacted legislation to prohibit employers from
discriminating against employees for exercising their fundamental rights to privacy, including the
right to private medical information. N.Y. Labor Law § 203-e. Plaintiff, The Evergreen
Association, Inc, doing business as Expectant Mother Care and EMC FrontLine Pregnancy Centers
(“Evergreen” or “Plaintiff”) 1, challenges this statute, claiming that it has the right to hire and fire
0F
employees on the basis of personal medical decisions. Complaint, ECF No. 1 (“Compl.”),
generally. Notwithstanding that the law seeks to protect employees’ fundamental privacy interests
and protect against workplace discrimination, Evergreen, in this pre-enforcement challenge, seeks
declaratory and injunctive relief claiming that Labor Law § 203-e (“the Statute” or “§ 203-e”)
violates its First Amendment right to expressive association 2 both on its face and as-applied. 3
1F 2F
Compl., ¶¶ 87-98. Slattery v. Hochul, 61 F. 4th 278, 289 (2d Cir. 2023). Because Evergreen cannot
establish that § 203-e severely burdens its expressive association rights, Defendants’ motion
should be granted.
1
Plaintiff Christopher T. Slattery passed away on November 22, 2023. Suggestion of Death,
ECF No. 49.
2
Plaintiff’s remaining claims were dismissed. Slattery v. Hochul, 61 F. 4th 278 (2d Cir. 2023).
3
Although the Complaint purports to allege both a facial and as-applied challenge, Compl. ¶ 97,
§ 203-e has never been applied to Evergreen. See p. 8 below. Therefore, Evergreen’s claim is
more aptly described as a pre-enforcement challenge, as discussed at Point I.
1
NEW YORK’S PROTECTION OF PRIVACY AND PERSONAL DECISIONS
A state may legislate to protect its citizens’ rights to privacy and autonomy, Boelter v.
Hearst Communs., 192 F. Supp. 3d 427, n.15 (S.D.N.Y. 2016) (quoting United Reporting Publ’g
Corp. v. California Highway Patrol, 146 F. 3d 1133, 1138 (9th Cir. 1998)), including one’s right
to abortion care. Dobbs v. Jackson Women’s Health Org., 597 U.S. 215, 300 (2022) (confirming
that “the States may regulate abortion”). Toward that end, New York enacted legislation to protect
its citizens’ right to abortion care. N.Y. Pub. Health Law § 2599-bb. In connection with its passage
of § 2599-bb, the legislature stated, “that it is the public policy of New York State that every
individual possesses a fundamental right of privacy and equality with respect to their personal
reproductive decisions and should be able to safely effectuate those decisions, including by seeking
and obtaining abortion care, free from discrimination in the provision of health care.” Laws 2019,
ch. 1, § 1 (eff. Jan. 22, 2019).
LABOR LAW § 203-e
Labor Law § 203-e furthers New York’s interests “in protecting both an individuals’ right
to privacy and autonomy as it relates to health-care decisions surrounding reproduction” and its
interest in “protecting against workplace discrimination.” Slattery v. Cuomo, 531 F. Supp. 3d 547,
562 (N.D.N.Y. 2021), rev’d on other grounds sub nom. Slattery v. Hochul, 61 F. 4th 278 (2d Cir.
2022). Specifically, the statute prohibits employers from accessing employees’ personal
reproductive health care information or taking any discriminatory or retaliatory employment action
against an employee 4 based on reproductive health care decisions made by that employee or their
3F
4
The statute on its face applies to “employee[s]” and their dependents. N.Y. Labor Law § 203-
e(2)(a). Accordingly, the Statute can plausibly be read as not applying to prospective applicants
for employment at all. However, the court need not decide the scope of the statute’s applicability
to applicants, versus employees, because Plaintiff has admitted that it would employ and has
hired employees who have had abortions, and that it does not ask questions relating to
2
dependent, including decisions to use, or access, certain drugs, devices or medical services. N.Y.
Labor Law § 203-e(1) & (2)(a). To that end, an employer may not require that an employee waive
their right to make their own reproductive health care decisions. 5 Id. at § 203-e(2)(b).
4F
The purpose of Labor Law § 203-e is straightforward and clear: to prevent employers from
discriminating against employees based on “an employee’s or an employee’s dependent’s
reproductive health decision making.” N.Y.S. Assembly Memorandum in Support of Legislation,
Bill No. A584, ECF No. 22-2; N.Y.S Senate Sponsor Memorandum, Bill No. S660, ECF No. 22-
3. The statute furthers two longstanding and compelling State interests: (1) the interest in
protecting individuals’ rights to make private health care and family planning decisions; and (2)
the interest in protecting the privacy of each citizen’s medical records and health information, both
in the context of employment. Nowhere does § 203-e prohibit employers from discriminating
against employees on the basis of their beliefs.
STATEMENT OF FACTS
Plaintiff Evergreen is a non-profit entity, doing business as Expectant MotherCare and
EMC FrontLine Pregancy Centers, that operates “crisis pregnancy centers” in New York City
whose mission is to deter pregnant individuals from obtaining abortions. Compl. ¶ 2. Unlike
similar entities whose services consist of “lay counseling” provided by someone “trained by a
reproductive health decision-making of either applicants or existing employees regarding their

past or current conduct. The court may therefore assume without deciding here that the statute
applies equally to prospective employees.
5
There is no evidence that Evergreen requires employees to waive their rights to make their own
reproductive health care decisions. After Mr. Slattery’s death, Evergreen employees were asked
to, and did, sign a document entitled “EMC Staff Statement of Position, Faith & Principle,”
Deposition of James annexed to the Declaration of Adrienne J. Kerwin (“Kerwin Decl.”) at Exh.
A, 73-74; EMC Staff Statement of Position, Faith & Principle,” Kerwin Decl. Exh. F (“EMC
Staff Statement”). This document does not contain any waiver of rights other than to commit to a
monogamous marriage and sexual activity only within marriage. EMC Staff Statement 4.
3
pregnancy center or other organization,” Deposition of James Harden 6 (“Harden Dep.”) 7 46,
5F 6F
Evergreen provides a “medical model of service” to women facing unplanned pregnancies. Id. 43-
44. It focuses on the medical aspects of pregnancy. 8 Id. 47, 108.

7F
The services provided by Evergreen include the confirmation of pregnancy by urine test,
id. 38; “ultrasound scans for the purpose of pregnancy diagnosis when a patient presents with a
positive pregnancy test,” id. 31, 38; discussion of health history, id. 38; discussion of the woman’s
“intentions” with respect to the pregnancy, id. 38, 39; and referrals to resources in the community
to make her “less vulnerable to the abortion decision, in terms of different types of support,
material assistance, counseling . . . housing, et cetera.” Id. 38. Evergreen’s six employees, id. 65,
include two ultrasonographers who perform the scans used to diagnose pregnancy, id. 22, 31, 52-
53 and two Licensed Practical Nurses (“LPNs”) who learn the patient’s health history and
intentions and provides the referrals to community resources. Id. 23-24, 37-39, 41.
Evergreen’s other two employees include (1) a person that handles “material assistance”
by managing donations of supplies that are distributed to the community, and does not interact
with patients, Harden Dep. 47-48, 56-58, and (2) a scheduler or “counselor” who answers the
telephone, schedules appointments, receives patients into Evergreen’s Bronx office and “talks
through . . . the patient’s current situation and . . . identif[ies] . . . the kind of risk factors . . . that
are driving her to consider abortion, and then to find…suitable community resources to help
6
Rev. James Harden, the current president of Evergreen, was produced as Evergreen’s Fed. R.
Civ. P. 30(b)(6) witness.
7
A copy of the transcript from the Deposition of James Harden is annexed as Exhibit A to the
Declaration of Adrienne J. Kerwin (“Kerwin Decl.”).
8
Evergreen does not act “like a social worker” and help patients “navigate” the “decision-
making process” in connection with abortion. Harden Dep. 46-47.
4
alleviate some of those . . . risk factors.” Id. 49, 61-62; see also id. 93-94. All six of Evergreen’s
employees are part-time. Id. 53-54, 63.
Evergreen’s activities and mission center on abortion: According to its president, birth
control is “not really an issue” for Evergreen because its focus is on unplanned pregnancies.
Harden Dep. 43. Evergreen only provides information about “the abortifacient nature of certain
types of birth control” if a patient “specifically asks about it.” Id. As to abortion, Evergreen admits
it has hired people who have had abortions. Id. 92. As articulated by Evergreen’s president, “we
don’t expect to hire perfect people. We don’t expect to hire people who haven’t had abortions. We
don’t expect to hire people that haven’t had sex outside of marriage. We expect to hire people that
are – well, you know, people. But . . . we do expect to hire people that have the same beliefs.” Id.
122-123; see also id. 91-93.
Evergreen’s president further admitted that Evergreen has never terminated or taken an
adverse employment action against an employee because the employee had an abortion or used
birth control. Id. 42, 60-61, 81-82. In fact, Evergreen has no concerns that its employees will
engage in such conduct and does not inquire about such conduct once an employee has been hired
absent a specific reason to do so. Id. 83-84, 96-97. Evergreen is satisfied with its current staff and
is not anticipating any hiring. Id. 65-66, 98-99.
PROCEDURAL HISTORY
Less than three months after § 203-e became law, Plaintiff Slattery and Evergreen sued
New York’s Governor, Department of Labor Commissioner and Attorney General in their official
capacities seeking declaratory and injunctive relief alleging that § 203-e violated their
constitutional rights to free exercise of religion, free speech and freedom of expressive association.
Compl., generally. Following a motion to dismiss by Defendants pursuant to Fed. R. Civ. P.
5
12(b)(6), Motion to Dismiss, ECF No. 22, the Court dismissed the Complaint in its entirety.
Decision & Order, ECF No. 33. Plaintiffs filed a Notice of Appeal. Notice of Appeal, ECF No. 35.
On appeal, the Second Circuit upheld the dismissal of Plaintiffs’ free exercise and free
speech claims. Slattery v. Hochul, 61 F. 4th at 292, 293. As to the expressive association claim, the
Court held, under the standard applicable to a motion to dismiss under Fed. R. Civ. P. 12(b)(6),
that Plaintiffs plausibly alleged that compliance with the statute would pose a substantial burden
on their associational rights. Id. at 291. The court further held that “at this stage of the litigation”
the State failed to demonstrate that § 203-e was the least restrictive means to further a compelling
state interest. Id. At the same time, the court cautioned that the ultimate question of the validity of
a law challenged on First Amendment grounds is more appropriately left to summary judgment.
Id. at 289.
The Court accordingly remanded for discovery. Because the record shows that Evergreen
is not burdened by compliance with § 203-e, the Court should dismiss their remaining claim on
both standing and the merits.
STANDARD OF REVIEW
A party is entitled to summary judgment if it “shows that there is no genuine dispute as to
any material fact and the movant is entitled to judgment as a matter of law.” Fed. R. Civ. P. 56(a).
See also Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 247 (1986); Roe v. City of Waterbury, 542
F. 3d 31, 35 (2d Cir. 2008). To defeat a motion for summary judgment, a non-movant must raise
issues of material fact “based on specific facts” as demonstrated by affidavits based on personal
knowledge, or other admissible evidence. Wagner v. Swarts, 827 F. Supp. 2d 85, 92 (N.D.N.Y.
2011). “The bald assertion of some alleged factual dispute will not defeat a properly supported
6
motion.” Id. See also Kerzer v. Kingly Mfg., 156 F. 3d 396, 400 (2d Cir. 1998) (“Conclusory
allegations, conjecture, and speculation . . . are insufficient to create a genuine issue of fact.”).
Based on the admissible evidence before the Court, Defendants are entitled to summary
judgment on the sole remaining claim in this case.
ARGUMENT
POINT I: PLAINTIFF’S CLAIM IS NOT JUSTICIABLE
Whether framed as a lack of standing or ripeness, Evergreen’s expressive association claim
is not justiciable because the record shows that Evergreen does not intend to take any action that
would violate Labor Law § 203-e, and because there is no imminent threat of enforcement against
Evergreen. A cause of action should be dismissed for lack of subject matter jurisdiction if the court
does not have “the statutory or constitutional power to adjudicate” the case. Aron v. Becker, 48 F.
Supp. 3d 347, 361 (N.D.N.Y. 2014). This inquiry requires a showing that (1) the plaintiff “suffered
an injury in fact” that is “concrete and particularized” and “actual or imminent, not conjectural or
hypothetical;” (2) “a causal connection between the injury and the conduct complained of;” and
(3) that it is “likely, as opposed to merely speculative, that the injury will be redressed by a
favorable decision.” Nat’l Org. for Marriage, Inc. v. Walsh, 714 F. 3d 682, 688 (2d Cir. 2013)
(quoting Lujan v. Defenders of Wildlife, 504 U.S. 555, 560 (1992)). Although an alleged future
injury may confer standing, “conjecture about speculative or possible harm is inadequate.” Parents
Protecting Our Child., UA v. Eau Claire Area Sch. Dist., Wisconsin, No. 23–1534, 2024 WL
981436, at *3 (7th Cir. Mar. 7, 2024) (citing Clapper v. Amnesty Int’l USA, 568 U.S. 398, 409
(2013)).
Moreover, “[t]o be justiciable, a cause of action must be ripe—it must present ‘a real,
substantial controversy, not a mere hypothetical question.’” Nat’l Org. for Marriage, Inc., 714 F.
7
3d at 687 (quoting AMSAT Cable Ltd. v. Cablevision of Conn., 6 F. 3d 867, 872 (2d Cir. 1993)).
If a claim “depends upon ‘contingent future events that may not occur at all,’” it is not ripe. Id.
(quoting Thomas v. Union Carbide Agric. Prods. Co., 473 U.S. 568, 580 (1985)). The ripeness
doctrine “implicates two distinct conceptual jurisdictional criteria:” (1) the “Case or Controversy
Clause of Article III of the Constitution” (“constitutional ripeness”) and (2) “prudential reasons
for refusing to exercise jurisdiction,” making it “better decided later” even though a claim is ripe
under Article III (“prudential ripeness”). Id. at 687-688. “Often, the best way to think of
constitutional ripeness is as a specific application of the actual injury aspect of Article III
standing”: A claim is not constitutionally ripe if a “plaintiff’s claimed injury, if any, is not ‘actual
or imminent,’ but instead ‘conjectural or hypothetical.’” Id. (quoting Lujan, 504 U.S. at 560). See
also New York Civil Liberties Union v. Grandeau, 528 F. 3d 122, 130 n.8 (2d Cir. 2008) (“Standing
and ripeness are closely related doctrines that overlap most notably in the shared requirement that
the plaintiff’s injury be imminent rather than conjectural or hypothetical.”).
Section 203-e has never been enforced against Evergreen. Commissioner Reardon’s
Response to Plaintiffs’ First Set of Interrogatories (“Def. Reardon’s Resp. to Pl.’s Interrog.”) No.
7; Attorney General James’s Response to Plaintiff’s First Set of Interrogatories (“Def. James’s
Resp. to Pl.’s Interrog.”) No. 7; Governor Hochul’s Response to Plaintiffs’ First Set of
Interrogatories (“Def. Hochul’s Resp. to Pl.’s Interrog.”) No. 7. 9 Therefore, its expressive
8F
association claim is a pre-enforcement claim, which is subject to “somewhat relaxed standing and
ripeness rules.” Nat’l Org. for Marriage, Inc., 714 F. 3d at 689. But there remains a bar to be
9
Commissioner Reardon’s Response to Plaintiffs’ First Set of Interrogatories, Attorney General
James’s Response to Plaintiff’s First Set of Interrogatories and Governor Hochul’s Response to
Plaintiffs’ First Set of Interrogatories are annexed to the Declaration of Adrienne J. Kerwin at
Exhibits D, E and C, respectively.
8
cleared. Id. Specifically, for such a claim to proceed, a “plaintiff [must] allege[] (1) ‘an intention
to engage in a course of conduct arguably affected with a constitutional interest, but proscribed by
a statute,’ and (2) ‘a credible threat of prosecution thereunder.’” Silva v. Farrish, 47 F. 4th 78, 86
(2d Cir. 2022) (quoting Susan B. Anthony List v. Driehaus, 573 U.S. 149, 159 (2014)). Evergreen
cannot satisfy this standard.
A. Evergreen Cannot Demonstrate that it Intends to Engage in a Course of Conduct

Proscribed by Labor Law § 203-e
The record does not provide any evidence showing Evergreen intends to violate Labor Law
§ 203-e—and in fact indicates the contrary. Evergreen’s fundamental concern is assuring that its
employees’ views and advocacy remain aligned with its pro-life mission. Harden Dep. 50, 94-95,
123. Regardless of Evergreen’s conclusory claim that § 203-e implicates its constitutional right to
expressive association by hindering its ability to do so, Compl. ¶¶ 87-98; Harden Dep. 76-77, the
facts do not bear out this allegation. In fact, the record conclusively shows that the statute in no
way impairs Evergreen’s ability to ensure that its employees share its viewpoint.
Section 203-e only prohibits employers from taking adverse employment action against an
employee on the basis of a reproductive health decision, i.e. on the basis of private medical
conduct. Evergreen freely admits that it does not discriminate against employees on that basis.
Harden Dep. 92, 122-123. Evergreen regularly hires employees who have had abortions, id. 92,
122, has likely hired individuals who have taken birth control, id. 92, and has never taken any
adverse employment action against an existing employee on the basis of a reproductive health
decision made by that employee or a dependent thereof. Plaintiff’s Response to Defendants’ First
Set of Interrogatories 10 (“Pl.’s Resp. to Def.’s Interrog.”) No. 1; Harden Dep. 42, 60-61, 80-81.
9F
10
Plaintiff’s Response to Defendants’ First Set of Interrogatories is annexed to the Declaration of
Adrienne J. Kerwin at Exhibit B.
9
Evergreen does, however, thoroughly vet prospective employees during the hiring process to
assure that they are committed to Evergreen’s pro-life mission, Harden Dep. 83-84, and has
historically refused to hire individuals on the basis of their “positions on abstinence, abortion or
contraceptives,” Pl.’s Resp. to Def.’s Interrog. No. 2, regardless of their prior conduct. Harden
Dep. 92, 122. Thus, once a given employee is hired, Evergreen is broadly assured of their beliefs,
id. 83-84, and does not inquire about their receipt of any reproductive health treatments or
procedures in the absence of any compelling reason to do so. Id. 96-97. Nor does Evergreen inquire
as to the reproductive health decisions of its existing employees’ dependents. Pl.’s Resp. to Def.’s
Interrog. Nos. 6, 8. Moreover, Evergreen is satisfied that the beliefs of its current staff are fully
aligned with its mission and has no plans to make either inquiries as to the staff's conduct or to
make any staffing changes in the foreseeable future. Id. 65-66, 98.
In sum, Evergreen does not intend to engage in conduct prohibited by § 203-e. Evergreen
seeks to assure ideological alignment with and among its staff, and it is free to do so in full
compliance with the law. Evergreen’s Fed. R. Civ. P. 30(b)(6) deposition is a testament to this
fact. Because Evergreen cannot establish that it presently has “an intention to engage in a course
of conduct arguably affected with a constitutional interest, but proscribed by a statute,” Silva, 47
F. 4th at 86, its claim is not justiciable.
B. Evergreen Cannot Establish a Credible Threat of Prosecution Under § 203-e
For the same reasons, Evergreen has failed to establish any credible threat of prosecution.
To establish a credible threat of prosecution, a plaintiff must demonstrate “an actual and well-
founded fear that the law will be enforced against” it, Am. Booksellers Found. v. Dean, 342 F. 3d
96, 101 (2d Cir. 2003) (quoting Vt. Right to Life Comm. v. Sorrell, 221 F. 3d 376, 382 (2d Cir.
2000)), or, phrased differently, a “genuine threat of enforcement.” Steffel v. Thompson, 415 U.S.
10
452, 475 (1974). Fear that is merely “imaginary or wholly speculative” does not suffice. Hedges
v. Obama, 724 F. 3d 170, 196 (2d Cir. 2013) (quoting Babbit v. United Farm Workers National
Union, 442 U.S. 289, 302 (1979)). Here, the aforementioned overlap between standing and
ripeness is perhaps most clear: “[a] claim is not ripe if it depends upon ‘contingent future events
that may not occur as anticipated, or indeed may not occur at all.’” Nat’l Org. For Marriage, 714
F. 3d at 687 (quoting Thomas v. Union Carbide Agric. Prods. Co., 473 U.S. 568, 580 (1985)).
As outlined in Point I.A, supra, there is no credible threat that section 203-e will be
enforced against Evergreen because Evergreen has admitted it does not intend to engage in conduct
that runs afoul of the Statute. Evergreen hires employees who have received abortions, Harden
Dep. 92, and the law does not require it to employ ideological dissidents. See Slattery v. Hochul,
61 F. 4th 294-95; CompassCare v. Cuomo, 465 F. Supp. 3d 122, 148 (N.D.N.Y. 2020).
Evergreen’s practice of refusing to hire prospective employees on the basis of their “positions” on
reproductive health matters remains perfectly lawful. Pl.’s Resp. to Def.’s Int. No. 2, see N.Y.
Labor Law § 203-e. Moreover, § 203-e has yet to be enforced against any employer at all. Def.
Reardon’s Resp. to Pl.’s Interrog. No. 7; Def. James’s Resp. to Pl.’s Interrog. No. 7; Def. Hochul’s
Resp. to Pl.’s Interrog. No. 7. In other words, Evergreen’s fear is not credible, but rests on a series
of assumptions so remote as to be wholly speculative.
Because Evergreen admits it does not solicit information on the reproductive health
decisions made by its employees’ dependents, Pl.’s Resp. to Def.’s Interrog. Nos. 6, 8, liability
would presumably arise in the context of an extant employee making a reproductive health
decision contrary to Evergreen’s mission, Evergreen taking adverse action against that employee,
and that employee filing a complaint with the Department of Labor. But Evergreen concedes it is
not concerned that such an event will occur given that its hiring process thoroughly vets
11
prospective employees’ beliefs and viewpoints. Harden Dep. 84. Accordingly, Evergreen does not
actively monitor its employees’ reproductive health decisions, relying instead on voluntary
disclosure, or, in its words, on an “honor system.” Id. 83; Pl.’s Resp. to Def.’s Interrog. No. 5.
Evergreen avers that it “is especially likely” to learn of an employee’s reproductive health decision
by voluntary disclosure “given the centrality of abortion to [its] mission,” Pl.’s Resp. to Def.’s
Interrog. No. 5, but there is no evidence in the record to support such a speculative statement. In
fact, it is just as, if not more, unlikely that an Evergreen employee would voluntarily admit to
Evergreen that she or he made a reproductive health decision contrary to her or his, and
Evergreen’s, beliefs.
In sum, Evergreen’s speculative theory of future liability first assumes that an employee
who has already demonstrated a steadfast commitment to Evergreen’s pro-life mission through the
application vetting process will betray those beliefs by way of a reproductive health decision. It
next assumes that the employee will voluntarily share the fact of that betrayal with Evergreen, or
perhaps with the public. It finally assumes that the employee will remain committed to Evergreen’s
mission both ideologically and in their workplace conduct in the meantime, because, as discussed
above, Evergreen is well within its rights to terminate an employee on the basis of the employees’
beliefs that run counter to its mission, or for a failure to fulfill job responsibilities. Liability would
only arise if, given all these assumptions, Evergreen acted against the hypothetical employee solely
on the basis of their reproductive health decision. See N.Y. Labor Law § 203-e. In sum, the
hypothetical scenario upon which Plaintiff’s case relies serves only to betray its inability to
articulate any actual conflict between § 203-e—or its current personnel practices—and its alleged
expressive associational rights.
12
For the foregoing reasons, Evergreen cannot demonstrate based on the factual record that
it faces a credible threat of prosecution under § 203-e. Thus, this Court should dismiss Plaintiff’s
remaining claim for lack of justiciability.
POINT II: PLAINTIFF CANNOT ESTABLISH A VIOLATION OF ITS FIRST

AMENDMENT RIGHT TO EXPRESSIVE ASSOCIATION
Even if, arguendo, the Court finds that Plaintiff’s claim is justiciable, Defendants are still
entitled to summary judgment on the merits of Plaintiffs’ expressive association claim. The First
Amendment protects the “‘right to associate with others in pursuit of a wide variety of political,
social, economic, educational, religious, and cultural ends.’” Boy Scouts of America v. Dale, 530
U.S. 640, 647 (2000) (quoting Roberts v. United States Jaycees, 468 U.S. 609, 622 (1984)).
However, the freedom of association “is not absolute.” Id. at 648. In the first instance, employers
cannot assert expressive associational rights, as discussed in Point II.A, infra. Regardless,
incidental burdens on associational interests do not violate the First Amendment in any event.
Tabbaa v. Chertoff, 509 F. 3d 89, 101 (2d Cir. 2007). Indeed, unless the burden on expressive
association rights is “severe,” a statute need only be supported by a rational basis. Jacoby &
Meyers, LLP v. Presiding Justices of the First, Second, Third & Fourth Dep’ts, 852 F. 3d 178, 191
(2d Cir. 2017).
Applying these principles here, Plaintiff cannot establish an expressive association claim.
A. The Freedom of Expressive Association Does Not Apply to the Employer-Employee

Relationship
Although the Second Circuit concluded that Evergreen plausibly alleged that § 203-e’s
core provisions violated its associational rights for purposes of a Fed. R. Civ. P. 12(b) motion, see
Slattery v. Hochul, 61 F. 4th at 283, the evidentiary record now before this Court establishes that
13
the right of expressive association does not extend to employment relationships such as those
between Evergreen and its six employees. Pl.’s Resp. to Def.’s Interrog. No. 4.
Neither the Supreme Court nor any Circuit has extended the right of expressive association
to an employer. Rather, the Supreme Court rejected such a claim outright on the sole occasion it
had to do so. See Hishon v. King & Spalding, 467 U.S. 69, 78 (1984). Although the Court in Hishon
did not explain its rationale for rejecting the argument that Title VII—an employment
discrimination statute like § 203-e—infringed on the right to expressive association, it later
described its decision as “reject[ing] the argument that Title VII infringed employers’ First
Amendment rights.” See Wisconsin v. Mitchell, 508 U.S. 476, 487 (1993); see also New York State
Club Assn. v. City of New York, 487 U.S. 1, 13 (1988) (citing Hishon for the proposition that the
right not to associate does not extend to “every setting in which individuals exercise some
discrimination in choosing associates”). The Court’s reasoning sensibly rests on the fact that,
unlike voluntary associations, the associational relationship between an employer and its
employees is a commercial one. See Roberts, 468 U.S. at 634 (O’Connor, J., concurring)
(explaining “there is only minimal constitutional protection of the freedom of commercial
association”); cf. Lorillard Tobacco Co. v. Reilly, 533 U.S. 525, 553-54 (2001) (“[T]he Court has
afforded commercial speech a measure of First Amendment protection ‘commensurate’ with its
position in relation to other constitutionally guaranteed expression.”).
Saliently, the four other expressive association cases decided by the Supreme Court all
involved membership associations or other voluntary relationships, and even then, the Court
rejected the claim in three. Roberts, 468 U.S. at 612 (challenge to public accommodation law as
applied to policy of Jaycees excluding women as full voting members); New York State Club Assn.,
487 U.S. at 4 (facial challenge to local law prohibiting discrimination by certain private clubs);
14
Board of Directors of Rotary Int’l. v. Rotary Club of Duarte, 481 U.S. 537, 539 (1987) (challenge
to public accommodation law as applied to policy of Rotary International excluding women from
club membership).
The Court upheld an expressive association claim only in Boy Scouts of America v. Dale,
530 U.S. 640 (2000), which is far from dispositive here. There, an “avowed homosexual and gay
rights activist” challenged the loss of his voluntary “adult membership” status in the Boy Scouts
of America under a state public accommodations law. Id. at 644. Here, an employer mounts a pre-
enforcement challenge to a state labor law protecting employees from discrimination or retaliation
on the basis of their private medical decisions. Setting aside the glaring differences between both
the statutes 11 (a public accommodation statute and a section of the labor law) and the conduct
10F
(public activism and private medical decisions) at issue in these cases, the simple fact that Dale
concerned an individual who was volunteering their time renders its expressive association
analysis inapposite in the instant context. Section 203-e, like countless other valid laws, see, e.g.
N.Y. Labor Law § 652 (minimum amount of pay); N.Y. Labor Law § 191 (frequency of payment);
29 C.F.R. pt. 19010 (required workplace safety measures); N.Y. Labor Law Art. 7, generally
(various provisions related to protecting employee health and safety), applies only to Plaintiff’s
relationships with its paid employees. See Slattery v. Hochul, 62 F. 4th at 295 n.12.
Moreover, while only a handful of district courts appear to have addressed the question of
whether employment discrimination laws implicate the right of expressive association, most
accord with Hishon. 12 See Starkey v. Roman Catholic Archdiocese of Indianapolis, 496 F. Supp
11F
11
The public accommodation statute in Dale prohibited, among other things, discrimination in
places of public accommodation based on an individual’s sexual orientation. Dale, 530 U.S. at
645 (citing N.J. Stat. Ann. 10:5-4, 10:5-5).
12
In Bear Creek Bible Church v. EEOC, the district court for the Northern District of Texas
erroneously extended the right of expressive association to an employer in a class-action suit
15
3d 1195, 1209 (S.D. Ind. 2020); Fitzgerald v. Roncalli High Sch., No. 1:19-cv-04291, 2021 U.S.
Dist. LEXIS 206826, at *7 (S.D. Ind. March 31, 2021); Richardson v. Northwest Christian Univ.,
242 F. Supp. 3d 1132, 1153 (D. Or. 2017); Billard v. Charlotte Catholic High Sch., No. 3:17-cv-
00011, 2021 U.S. Dist. LEXIS 167418, at *73-74 (W.D.N.C. Sept. 3, 2021), appeal filed, No.
3:17-cv-00011, ECF No. 73 (April 18, 2022), appeal stayed by No. 22-1440, 2023 U.S. App.
LEXIS 9679 (4th Cir. Apr. 21, 2023); McMahon v. World Vision, Inc., No. C21-0920JLR, 2023
U.S. Dist. LEXIS 211417, at *55-56 (W.D. Wash. Nov. 28, 2023). McMahon, the most recent of
these decisions, expressly addressed and distinguished the Second Circuit’s holding in Slattery,
noting its “fail[ure] to address the Supreme Court’s holding in Hishon.” 2023 U.S. Dist. LEXIS
211417, at *55 (citing Slattery v. Hochul, 61 F. 4th at 291).
Both Hishon and the broad consensus among other districts on this issue reflect an
elemental truth: the commercial relationship of employment does not enjoy the same constitutional
protections as a voluntary relationship with an expressive association. As the Supreme Court long
ago explained: “In dealing with the relation of employer and employed, the Legislature has
necessarily a wide field of discretion in order that there may be suitable protection of health and
safety, and that peace and good order may be promoted through regulations designed to insure
wholesome conditions of work and freedom from oppression.” West Coast Hotel Co. v Parrish,
where the right was asserted by a for-profit, religiously identified employer that was engaged in
secular work (the production of secular products related to health and wellness), as opposed to
any expressive activity. 571 F. Supp 3d 571, 616 (N.D. Tex. 2021). On appeal, the Fifth Circuit
reversed the grant of class certification and affirmed in part on other grounds, without reaching
the expressive association claim. See Braidwood Mgmt. v. EEOC, No. 22-10145, 2023 U.S. App.
LEXIS 15378, *36, 37, 45 & n.60 (5th Cir. June 20, 2023). The district court for the Eastern
District of Missouri’s decision in Our Lady’s Inn v. City of St. Louis, 349 F. Supp. 3d 805, 821
(E.D. Mo. 2018) (recognizing an employer’s right of expressive association and applying Dale),
is distinguishable from the instant case because the statute there at issue, unlike § 203-e, required
employment of individuals who did not share the employer’s beliefs and, in any event, the court
failed to account for Hishon. See 349 F. Supp. 3d at 821.
16
300 U.S. 379, 393 (1937). Accordingly, both Congress and state legislatures have extensively
regulated myriad aspects of the employment relationship. For example, laws regulate the minimum
amount an employee must be paid, N.Y. Labor Law § 652, how frequently certain employees may
be paid, N.Y. Labor Law § 191, and what safety measures must be put into place to protect
employees. 29 C.F.R. pt. 19010.
More specifically, when the Supreme Court first recognized freedom of association as a
constitutional right, it spoke in terms of the “close nexus between the freedoms of speech and
assembly,” declaring that the “freedom to engage in association for the advancement of beliefs and
ideas is an inseparable aspect of the ‘liberty’ assured by the Due Process Clause of the Fourteenth
Amendment.” NAACP v. Alabama ex rel. Patterson, 357 U.S. 449, 460 (1958) (internal citations
omitted). The concern that later prompted the Court to recognize the corollary right “not to
associate” was government intrusion into a voluntary association’s “internal structure or affairs,”
which was thought to “impair the ability of the original members to express only those views that
brought them together.” Roberts, 468 U.S. at 623. In the employment or commercial context,
however, safeguards allowing a given employer to effectively convey its chosen message already
exist. Employers possess broad discretion in staffing decisions, see, e.g., Nix v. WLCY
Radio/Rahall Commc’ns, 738 F. 2d 1181, 1187 (11th Cir. 1984) (“The employer may fire an
employee for a good reason, a bad reason, a reason based on erroneous facts, or for no reason at
all, as long as its action is not for a discriminatory reason.”), and are accordingly free to refuse to
hire a given person or to fire a given employee for failure to espouse beliefs intrinsic to their role.
As the Second Circuit recognized, that freedom is not hampered by § 203-e. Slattery v. Hochul, 61
F. 4th at 295 (noting that employers like Evergreen can lawfully terminate or take adverse actions
against an employee whose performance does not satisfy expectations).
17
Finally, the Second Circuit’s passing comment that “compelled hiring” may affect an
organization’s “ability to advocate public or private viewpoints,” Slattery, 61 F. 4th at 288 (citing
New Hope Family Servs. v. Poole, 966 F. 3d 145, 179 (2d Cir. 2020)), has no bearing on the issue
of expressive association in the employment context. New Hope involved a regulation that
implicated the relationship between a religiously affiliated adoption services agency and its
prospective adoption applicants, not the relationship between an employer and employee. 966 F.
3d at 149. New Hope did not involve an employment relationship at all.
For these reasons, while the Second Circuit sustained Plaintiffs’ expressive association
claim at the pleading stage on the assumption that the burden on Evergreen’s ability to convey its
message was significant, the Court need not—and should not—extend the right to expressive
association to the employment context at this stage in the litigation in the face of a record to the
contrary. 13
12F
B. Even if, Arguendo, the Freedom of Association Applies to the Employer-Employee

Relationship, Plaintiff Cannot Establish a Violation of that Right
Even if this Court extends the right of expressive association to the employment context, §
203-e’s application to Plaintiff would be subject only to rational basis review because the record
does not bear out the existence of anything other than an incidental burden—if any burden at all—
13
Doing so could allow a whole swath of employers to evade the important protections afforded
by a broad range of employment discrimination laws. An employer who sincerely believes in
white supremacy could assert a “right not to associate” with Black employees. The same would
be true of other entities seeking to spread messages intolerant of other protected characteristics,
including religion, ethnicity, national origin, and sex, allowing certain employers to exclude
historically disfavored groups from employment opportunities. To be sure, persons with
protected characteristics may not wish to work for entities intolerant of those characteristics, but
allowing an employer to deny an employment opportunity to a person on account of that
person’s protected characteristics would significantly undermine a host of antidiscrimination
laws and fly in the face of well-established principles of equal treatment. See e.g. CompassCare,
et al. v. Hochul, et al., 22-951(L), Brief of Amici Curiae 20, ECF No. 85 (2d Cir. July 13, 2023).
18
on Evergreen’s expressive associational rights. Defendants are therefore entitled to summary
judgment.
1. Section 203-e Does Not Significantly Burden Evergreen’s Ability to Advocate its
Viewpoints 1413F
In overturning this Court’s dismissal of Plaintiffs’ expressive association claim, the Second
Circuit accepted as true the allegation that compliance with the statute would compromise the
ability of Plaintiffs’ organization “to sincerely and effectively convey a message of disapproval of
certain types of conduct if, at the same time, it must accept members who engage in that conduct.”
Slattery v. Hochul, 61 F. 4th at 290. Indeed, the Second Circuit’s assumption at the pleading stage
that § 203-e imposed a significant burden on Evergreen’s association rights was based on
Evergreen’s allegations that it asks employees about “conduct” that might be contrary to its anti-
abortion views. Id. at 288-89. But the record demonstrates that, in practice, if § 203-e burdens
Evergreen’s expressive association rights at all, such burden is merely incidental, and therefore
does not give rise to strict scrutiny. To be entitled to that First Amendment protection, Plaintiff
must prove that the statute’s “interference with [its] associational rights is ‘direct and substantial
or significant.’” Tabbaa v. Chertoff, 509 F. 3d 89, 101 (2d Cir. 2007) (quoting Fighting Finest v.
Bratton, 95 F. 3d 224, 228 (2d Cir. 1996)). Plaintiff cannot do so on this record. Therefore, any
burden on those rights is incidental at best.
The requirements of § 203-e are facially detached from the viewpoint that lies at the core
of Plaintiff’s claims. Section 203-e speaks only to conduct, i.e., the private medical decision to
receive an abortion or contraceptive itself. As mentioned previously, the record reflects that
14
While Defendants do not concede that Evergreen is an expressive association for purposes of
First Amendment analysis, it is unnecessary to reach this issue since Evergreen cannot establish
the other required elements.
19
Plaintiff regularly hires women who have had abortions, § 203-e notwithstanding. Harden Dep.
92. And once a hiring decision is made, it does not inquire as to the conduct of its existing
employees. Id. 96. In other words, Plaintiff already recognizes that the private medical conduct of
its employees—standing alone, as it does in the context of § 203-e—poses no threat to its alleged
expressive activity or ability to achieve its mission. If, on the other hand, an employee’s beliefs
about abortion were to threaten or otherwise undercut Plaintiff’s desired message, Plaintiff remains
free to fire them.
Because the record establishes that any burden § 203-e imposes on Plaintiff’s expressive
associational rights is incidental at most, the statute need only pass rational basis review, which it
plainly does. Section 203-e was enacted to “prohibit employers from discriminating against
employees based on the employees’ or dependents’ reproductive health decisions,” protect New
Yorkers’ rights to privacy and autonomy in their health care and family planning decisions and
records and information related thereto in the employment context, and prevent workplace
discrimination. N.Y.S. Assembly Memorandum, ECF No. 22-2; N.Y.S. Senate Introducer’s
Memorandum, ECF No. 22-3. This court has already held that such interests are legitimate.
Slattery v. Cuomo, 531 F. Supp. 3d at 561. The statute effectuates that goal by prohibiting precisely
that conduct. Therefore, the statute is rationally related to the state’s valid interest in protecting
employees from discrimination based on their private, legal choices. See New Hope Family Servs.
v. Poole, 387 F. Supp. 3d 194, 219-220 (N.D.N.Y. 2019) (State’s interest in prohibiting
discrimination “far exceeds” any harm to plaintiff’s expressive association).
While Evergreen alleges that the statute forces it to hire and retain employees it does not
want, its expressive associational rights are only infringed if “the presence of that person affects
in a significant way the group’s ability to advocate public or private viewpoints.” Dale, 530 U.S.
20
at 647. Unlike the statute at issue in Dale, § 203-e does not require Evergreen to employ, let alone
otherwise affiliate with, individuals who engage in public activism that undercuts the message
Plaintiff expects its staff to convey. See 530 U.S. at 649-650. Nor does it force Evergreen to retain
any employee who expresses any beliefs to patients contrary to its mission. Thus, it cannot be said
that § 203-e’s prohibition on firing employees on the basis of their (or their dependents’) private
reproductive health care decisions significantly burdens Plaintiff’s ability to convey its desired
message—because Plaintiffs’ own admissions establish that compliance with the statute would not
require Evergreen to alter its current practices in any way. As § 203-e does not require Evergreen
to employ dissenters from its message, it does not severely burden Evergreen’s expressive
associational rights.
Moreover, to the extent that Evergreen argues that § 203-e imposes a burden on its rights
by virtue of the risk that the public might perceive it as hypocritical for complying, i.e., retaining
an employee who has received reproductive healthcare contrary to its mission, Slattery v. Cuomo,
531 F. Supp. 3d at 569, such a claim is “not based on anything an organization must say or is
forbidden from saying; [it is] based on speculation about what other people might think.” Hans
Allhoff, Membership and Messages: The Il(logic) of Expressive Association Doctrine, 15 U. Pa.
J. Const. L. 1455, 1456 (2013). This theory of infringement necessarily assumes that: (1) a given
employee’s reproductive health decision will become known to the public, such that it enters the
realm of public advocacy in which Plaintiff’s expressive associational rights allegedly exist; (2)
the public knows the decisionmaker is an Evergreen employee; and (3) the public will impute that
decision to Evergreen, thereby hampering its message. It is hard to imagine how a possibility this
21
attenuated and remote could amount to any burden on Plaintiff’s expressive associational rights,
let alone a severe one. 15

14F
In any event, here the evidentiary record establishes that such a hypothetical burden on
Evergreen is, in practice, wholly absent. Evergreen admitted that it regularly hires and continues
to employ individuals who have received abortions, Harden Dep. 92, suggesting it is either (1)
willing to, and does, take the aforementioned alleged risk, or (2) knows that such information is
likely to remain private, or both. And as previously established, Evergreen does not typically
inquire about reproductive health decisions of current employees or their dependents and has no
plans to do so. Id. 77, 96. Because on this record, Evergreen can prove at most “[m]ere incidental
burdens on the right to associate,” section 203-e need only survive rational basis review, which it
readily does. Tabbaa, 509 F. 3d at 101.
2. Even if Strict Scrutiny Applies, Plaintiff Cannot Establish a First Amendment Violation
Even if, arguendo, the Court finds that Plaintiff has put forth facts establishing such a
burden exists and that strict scrutiny applies, the statute is sufficiently narrowly tailored to advance
a compelling state interest and therefore survives such review.
The Second Circuit applies strict scrutiny only when a statute imposes “‘severe burdens’
on associational rights,” and a statute will survive strict scrutiny “only if it is narrowly drawn to
advance a compelling state interest.” Jacoby & Meyers, LLP, 852 F. 3d at 191 (quoting Kraham
v. Lippman, 478 F. 3d 502, 506 (2d Cir. 2007)). To satisfy strict scrutiny, § 203-e must be
“unrelated to the suppression of ideas” and must be tailored to serve a compelling interest in the
15
The Second Circuit’s discussion of Evergreen’s speculation that the public might perceive
Evergreen as hypocritical based on retaining such an employee was, again, based on the Court’s
view that § 203-e impedes Evergreen’s right “to choose those who promote its views” based on
information about their conduct. Slattery v. Hochul, 61 F. 4th at 290.
22
manner least restrictive of expressive associational freedoms. Roberts, 468 U.S. at 623; accord
Sanitation & Recycling Indus., Inc. v. City of New York, 107 F. 3d 985, 997 (2d Cir. 1997). Section
203-e satisfies even this demanding test.
First, the statute serves several interests that the New York legislature stated are
“fundamental.” In enacting the Reproductive Health Act, the state established that “comprehensive
reproductive health care, including contraception and abortion, is a fundamental component of a
woman’s health, privacy and equality.” 16 2019 Laws of N.Y., c. 1, § 1; N.Y. Pub. Health Law §
15F
2599-bb. See also Hope v. Perales, 83 N.Y.2d 563, 575, 634 N.E.2d 183, 186 (1994) (assuming
without deciding that a right to abortion under the New York State Constitution was at least as
expansive as the right then recognized as encompassed in the federal Constitution). The legislature
further found that as a matter of state public policy, “every individual possesses a fundamental
right of privacy and equality with respect to their personal reproductive decisions and should be
able to safely effectuate those decisions, including by seeking and obtaining abortion care, free
from discrimination in the provision of health care.” 2019 Laws of N.Y., c. 1, § 1. New York’s
statute was enacted to safeguard those rights in the context of the employment relationship, and in
furtherance of its compelling interest in preventing “discrimination and ‘discriminatory
16
The Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization, 597 U.S.
215 (2022), does not undermine the conclusion that the Statute advances a compelling state
interest. In extinguishing the federal Constitutional right to abortion, the Supreme Court
emphasized that under its ruling, states were free to balance the interests in potential life with the
interest in protecting access to abortion differently, and to legislate accordingly. See id. at 232.
(explaining that the Court was returning “the issue of abortion to the people’s elected
representatives”). Moreover, even as a matter of federal constitutional law, the Court was careful
to emphasize that its decision was limited to the context of abortion, which uniquely implicated
those competing interests. See id. at 290 (“Nothing in this opinion should be understood to cast
doubt on precedents that do not concern abortion.”). Other precedent recognizing constitutional
rights, including the long-recognized constitutional right to privacy advanced by the Statute,
therefore remain undisturbed. See, e.g., Griswold v. Connecticut, 381 U.S. 479, 485 (1965).
23
interference with constitutional rights,’” CompassCare, 465 F. Supp. at 158 (quoting Jews for
Jesus, Inc. v. Jewish Community Relations Council, Inc., 968 F.2d 286, 295 (2d Cir. 1992)),
including the right to privacy. As § 203-e’s Assembly sponsor stated: “[n]o employee in the State
of New York should ever be discriminated or retaliated against by their employer” for “personal
and private decisions regarding their reproductive health.” N.Y. Assembly Debate on Assembly
Bill No. A00584, Jan. 22, 2019 at 132. The statute directly advances this compelling interest by
prohibiting employers from taking adverse employment actions based on such private reproductive
health care decisions.
Moreover, the law advances that interest in the manner least restrictive of expressive
associational rights because it focuses on preventing discrimination based on employees’ private
conduct, rather than based on their personal views or the public expression of their beliefs. As the
Second Circuit has explained, the determination of whether a statute is sufficiently narrowly
tailored in expressive association cases requires a balancing of the parties’ respective interests in:
(1) “the individual’s right not to be discriminated against for certain reproductive choices, such as
having an abortion;” and (2) “the First Amendment right of a particular association—in this case,
Evergreen—to advocate against that conduct.” Slattery v. Hochul, 61 F. 4th at 289. In this case,
the balancing performed by the Court at the pleading stage —based solely on the allegations in the
Complaint—yielded a finding that the Plaintiff had stated a plausible claim that imposing a
limitation on where a person can work, id. (if Evergreen could “exclude employees who have had
an abortion, the right to be free of discrimination for having an abortion will be impaired only to
the limited extent that a person cannot join the specific group or groups that oppose abortion”) was
outweighed by an association’s right to express its viewpoint. Id. at 289-290. The Court reasoned
that “if the state could require an association that expressly opposes abortion to accept members
24
who engage in the conduct the organization opposes, it would severely burden the organization’s
right of expressive association” because it “‘would be difficult’ . . . for an organization ‘to sincerely
and effectively convey a message of disapproval of certain types of conduct if, at the same time,
it must accept members who engage in that conduct.’” Id. at 290 (quoting Christian Legal Soc’y
v. Walker, 453 F. 3d 853, 863 (7th Cir. 2006)).
This hypothesis has been disproven by what the record establishes about Evergreen’s own
conduct, and specifically, the impact on its ability to express its message. Evergreen willingly
accepts employees who have had abortions, Harden Dep. 92, 122-123, recognizing that such
employees are able to “sincerely and effectively” convey Evergreen’s disapproval of abortion
notwithstanding their personal health decisions. Id. 121-122. Evergreen has never had a concern
that an employee was not committed to its pro-life message, id. 77, 123, and it never had an
employee refer a patient to an organization that performs abortions. Id. 61. This evidence illustrates
the precision of § 203-e: it accomplishes New York’s goal of protecting an employee’s right to
make private medical decisions while simultaneously protecting Evergreen’s ability to express its
viewpoint. The statute does not mandate the retention of employees who betray their employer’s
views, whether publicly or in the context of performing their duties; it only protects employees
from discrimination on the basis of a private decision to obtain legal medical care. As the record
establishes, Plaintiff is not required to employ or associate with dissidents from its pro-life
message. Rather, § 203-e, like the regulation at issue in Roberts, “imposes no restrictions on
[Evergreen’s] ability to exclude individuals with ideologies or philosophies different from those
of its existing members.” Id. at 627.
Since § 203-e appropriately balances these interests, without unnecessarily impinging on
Plaintiff’s advocacy of its viewpoint, it survives strict scrutiny and does not unconstitutionally
25
burden Plaintiff’s right to expressive association. Therefore, Plaintiff’s freedom of association
claim should be dismissed as a matter of law. 1716F
CONCLUSION
For all of the reasons discussed above, Defendants’ Motion for Summary Judgment
should be granted in its entirety.

April 26, 2024
LETITIA JAMES
Attorney General
State of New York
Kathy Hochul, Roberta Reardon, and Letitia
James in their Official Capacities
The Capitol

Adrienne J. Kerwin
Bar Roll No. 105154
Telephone: (518) 776-2608
Noah D. Coates
Attorney General Legal Intern, on the Brief
TO: All Counsel of Record (via ECF)
17
In the alternative, if this Court finds that the statute’s effect is too broad in some respect (and it
should not), § 203-e’s severability clause directs that the statute should be saved in all other
respects. See N.Y. Labor Law § 203-e(7). Additionally, any declaratory or injunctive relief
should be limited to Evergreen only.
26

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Case 1:20-cv-00112-TJM-DJS Document 54 Filed 04/26/24 Page 1 of 2

UNITED STATES DISTRICT COURT

CHRISTOPHER T. SLATTERY, a New York resident,

THE EVERGREEN ASSOCIATION, INC.,

KATHY HOCHUL in her official capacity as

other or further relief as may be just.

Dated: Albany, New York

By: s/ Adrienne J. Kerwin

To: All Counsel of Record

UNITED STATES DISTRICT COURT

CHRISTOPHER T. SLATTERY, a New York resident,

THE EVERGREEN ASSOCIATION, INC., a New York 20-CV-0112

KATHY HOCHUL, in her official capacity as the Governor

the laws of the United States of America:

1. I am an Assistant Attorney General of counsel in this matter to Letitia James,

2. I submit this Declaration in support of Defendants’ Motion for Summary

Judgment pursuant to Fed. R. Civ. P. 56 and Local Rule 56.

3. The following exhibits are attached hereto in support of Defendants’ motion:

A. Transcript of the Deposition of Rev. James Harden conducted on January 16,

B. Plaintiff’s Response to Defendants’ First Set of Interrogatories dated

December 22, 2023.

C. Governor Hochul’s Response to Plaintiffs’ First Set of Interrogatories dated

October 10, 2023.

D. Commissioner Reardon’s Response to Plaintiffs’ First Set of Interrogatories

dated October 3, 2023.

E. Attorney General James’s Response to Plaintiff’s First Set of Interrogatories

dated October 10, 2023.

F. A copy of Evergreen’s “EMC Staff Statement of Position, Faith & Principle.”

Dated: April 26, 2024

Associated Reporters Int'l., Inc. www.courtsteno.com

2 UNITED STATES DISTRICT COURT

3 NORTHERN DISTRICT OF NEW YORK

4 CHRISTOPHER T SLATTERY, a New York

5 resident and THE EVERGREEN ASSOCIATION,

6 INC., a New York nonprofit corporation,

7 doing business as Expectant Mother Care

8 and EMC FrontLine Pregnant Centers,

10 V Index No.: 20-CV-112 (TJM/DJS)

11 KATHY HOCHUL, in her official capacity

12 as the Governor of the State of New York;

13 ROBERTA REARDON, in her official capacity

14 as the Commissioner of the Labor

15 Department of the State of New York; and

16 LETITIA JAMES, in her official capacity

17 as the Attorney General of the State of

21 DEPOSITION OF: JAMES HARDEN

22 DATE: January 16, 2024

23 TIME: 11:02 a.m. to 1:53 p.m.

25 Reported by Monique Hines

Associated Reporters Int'l., Inc. www.courtsteno.com

3 FOR THE PLAINTIFFS:

4 CLAYTON PLAZA LAW GROUP, L.C.

5 BY: J. MATTHEW BELZ, ESQ.

6 The Midvale Building

7 112 South Hanley Road, Suite 200

8 St. Louis, Missouri 63105

9 FOR THE DEFENDANTS:

10 OFFICE OF THE NEW YORK STATE ATTORNEY GENERAL

11 BY: ADRIENNE J. KERWIN, A.A.G.