I am David Nova, President & CEO of Planned Parenthood of the Blue Ridge.

In 1916, the first Planned Parenthood center was shut down ten days after opening. The volunteer staff was arrested and charged with the crime of providing information about birth control. Since then, many, if not most, Planned Parenthood centers have faced attempts to shut them down. Hearings such as this one are part of an all-too-common pattern of disruption by those who would deny women the moral right to make their own personal decisions regarding sexuality and childbirth. Because it is no longer illegal to use birth control or have an abortion, our opponents must invent new reasons and new methods to keep Planned Parenthood from serving women, couples and teens. Attempting to revoke our Certificate of Occupancy under the guise of zoning irregularities is just their latest tactic.

In recent years, opponents of Planned Parenthood of the Blue Ridge have literally attempted to shut our doors by gluing our locks shut. That is why our Hydraulic Road facility now uses a keyless entry system. To discourage protesters from harassing our patients and staff, we've established a pledge-a-picket program whereby 70 of our supporters donate money per picketer per day. When our opponents sent anthrax hoax letters to our Charlottesville center, we initiated security precautions to prevent future attacks. Now our opponents have introduced legislation in Virginia requiring any medical facility averaging more than 2 abortions per month to meet the architectural standards of an outpatient hospital or else shut down. And so, in anticipation of such a law and with the strong financial support of this community, our Dr. Herbert C. Jones Reproductive Health and Education Center on Hydraulic Road was constructed to meet the architectural footprint of a hospital. Our new center includes 16x18 foot surgical theaters with adjacent scrub rooms, specialized ductwork, fire suppression systems, a hospital-wide elevator and hospital-wide corridors. Yet, simply because we are shaped like a hospital, does not mean we are a hospital. We are not a hospital based upon current state law. And we will never be a hospital based upon Albemarle County's zoning statutes.

The irony is that our opponent's legislative agenda triggered us to build on Hydraulic Road in the first place. Were it not for them, we would still be renting modest office space. And because of them, we have scrupulously complied with zoning regulations. We knew that no matter the circumstances, our opponents might try to use zoning ordinances to deny this community the services we offer. That is why we are here today.

Unfortunately, in their zeal to use zoning regulations against us, the competent judgments made by the Zoning Administrator have been unfairly called into question. Ms MacCulley has been caught in the crosshairs of an ideological battle that has nothing to do with zoning. Our opponents would have you believe that because our corridors are wide enough to meet the standards of a hospital, that we should therefore have been zoned as a hospital. Yet, the decisions of the Zoning Administrator are not based upon the proposed width of our corridors. Ms. MacCulley's charge is to determine proper zoning based upon use, not architecture. As a non-profit organization providing educational programming, medical services and advocacy activities, we are zoned appropriately. Fortunately, the Board of Zoning Appeals does not have to make its decisions based upon ideology, but instead upon a strict interpretation of the statutes. I have every confidence that you will do so in order that we can continue to operate on Hydraulic Road.

In August 2003, I sent a letter to the neighboring churches and homeowners associations letting them know early on that we had purchased the Hydraulic Road property. In the letter I stated that Planned Parenthood would be a good neighbor. We have kept that pledge and we will continue to honor our pledge to be a good neighbor. It is our intention and our right to be in this neighborhood for decades to come. [Today 961 neighbors and friends of Planned Parenthood came here today to wear an "I support Planned Parenthood" sticker and appear here before you.] We look forward to the day when more of our neighbors will recognize Planned Parenthood's many important contributions to the betterment of this community.

Thank you.

David Nova, November 9, 2004