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Posted on Jan 25, 2013 | 2 comments

Sidney Produce Companies Sue HHS

Sidney Produce Companies Sue HHS

Freshway Foods and Freshway Logistics, both based in Sidney (OH), employ 395 people and serve clients in 23 states.

The owners of Freshway Foods and Freshway Logistics, family-owned food processing, packing, and transportation companies in Sidney, OH, filed a suit against the US Department of Health and Human Services yesterday.


The American Center for Law and Justice (ACLJ), a pro-life organization specializing in constitutional law, filed the suit on behalf of brothers Francis A. Gilardi, Jr. and Philip M. Gilardi. It is the organization’s fourth suit against the HHS mandate to include coverage of birth control medicines and devices, elective sterilization, and “morning after” abortion-inducing drugs.


The Gilardis are Catholic. Their companies employ 395 people and serve clients in 23 states.


“Our clients believe that having to pay for contraceptives, abortion-inducing drugs, and sterilization will cause them to violate their religious beliefs and moral values,” says Edward White, Senior Counsel. “They have specifically excluded such things from their company’s health insurance plan for the past ten years.”


Their insurance contract needs to be renewed April 1st or Gilardis face what the ACLJ calls “crippling fines and penalties” of nearly $40,000 a day.


“They have filed this lawsuit seeking an injunction against the mandate so they can continue to run their business in accordance with their religious beliefs and moral values,” explains White. The suit, filed in the U.S. District Court for the District of Columbia, argues that the HHS mandate violates the First Amendment, the Religious Freedom Restoration Act, and the Administrative Procedure Act.


The ACLJ has won injunctions in its three previous HHS suits on behalf of Korte & Luitjohan Contractors, Inc.. of Chicago; four family-owned Missouri companies; and  O’Brien Industrial Holdings, LLC (also in Missouri).


Photo courtesy stock.xchng.

To read the lawsuit, click here. Click here for the USCCB’s resource page on the Call to Prayer for Life, Marriage, and Religious Liberty — or click on the “Join the Movement” graphic in the column to the right any time.

Click here for our Religious Liberty resources page. Click here to see all our previous stories and guest posts on religious liberty issues.

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  1. I’ll pray for their success

    • It will be interesting to see how many more people/companies file suit. Look for another story on the suit Monday!


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