Illinois Court Upholds Zoning Laws, Shuts Down Abortion Facility in Residential Neighborhood
In Rockford, Illinois, a legal battle between residents and an abortion facility has culminated in a significant victory for local zoning laws.
The conflict began when the Rockford Family Planning Center, operated by Wisconsin-based Dr. Dennis Christensen, opened in a residential neighborhood. MyStateline.com reported that the facility, the first in the area in over a decade, “does not perform surgical abortions, but staff can prescribe medication that can induce an abortion.” The clinic operated under a “home business” permit, after Illinois Governor JB Pritzker (D) declared Illinois as a pro-choice state and promoted legislation codifying abortion access.
Some local residents, however, opposed the business’s presence. They argued it disrupted the neighborhood’s tranquility and brought in hostility. In 2020, Shawn and Lisa Rylatt, Janet Savaiano, and Amie Lotzer sued in the Winnebago County Court. They claimed the facility “was not properly zoned for the practice.” But this case was dismissed in 2022 for lack of standing, which allowed the business to open.
However, on April 10, 2025, the Illinois 4th District Appellate Court reversed this ruling. The decision reads: “Looking at the whole record and considering the ‘entire evidence,’ we are left with the ‘definite and firm’ conviction the Board committed a mistake in affirming [Rockford Zoning Officer Scott] Capovilla’s zoning determination.” The Thomas More Society (TMS), which helped bring forth the lawsuit, noted that the court found the facility’s operation as a “home business” violated Rockford’s zoning ordinance. The ruling highlighted that Christensen, a non-resident of Illinois, and his non-resident staff did not meet the criteria for a home business, and the tenant-employee arrangement breached local laws.
TMS Executive Vice President Peter Breen, stated, “The Court’s ruling sends a crystal-clear message: zoning laws exist to protect our communities, and they must be enforced fairly and consistently, even when they impact the abortion industry.” He added, “The Court has exposed the Rockford Zoning Board’s flawed reasoning and upheld the rule of law, ensuring that businesses, even abortion businesses, cannot ignore the laws and may not set up shop wherever they want, including in the middle of quiet family neighborhoods filled with young children.”
Adding to this, Kevin Rilott, president of The Rockford Family Initiative, described the facility’s impact, saying it “has brought more than one case of abortion supporters acting violently to this neighborhood, dozens of calls to the police, noise ordinance violations, angry and disgruntled neighbors because all of the disturbance caused by the abortion mill.” He emphasized that “The Rockford Family Planning Center at 611 Auburn St, is currently operating without proper permits, and it is the city of Rockford’s responsibility to close them down immediately.” While Christensen may request a Zoning Board of Appeals hearing, Rilott believes securing a new permit will be challenging.
In a conversation with The Washington Stand, Thomas More’s Peter Breen dug deeper. For him, this case doesn’t just represent a victory for the rule of law, but for the pro-life movement. “In this post-Dobbs world,” he said, “you look at the blue states, maybe the very pro-abortion states, and I think this decision gives some hope to [the pro-life] people in the pro-abortion states.”
Breen elaborated, “Despite the protected status of abortion in places like Illinois or New York or California, you can still apply your zoning laws, and the laws that apply to any other business should apply to an abortion business.” For Breen, zoning laws are often overlooked but can make the difference between whether an abortion facility is allowed to stand or not. If you live in “a community that is more pro-life but has an abortion facility,” he stated, then “you should look hard at your zoning laws, and you might be able to use those zoning laws in an effective way.”
When it comes to coming alongside and representing individuals engulfed in cases like this one, Breen emphasized that, “for me personally, I’ve always had a deep commitment to the sanctity of life.” Abortion has a “devastating impact” on women and, “obviously,” an even more “devastating impact on children.” And yet, he added, “as a lawyer and as someone who believes in the rule of law,” this case also comes down to another simple fact: “We’re upholding the law.”
“As a lawyer,” Breen concluded, “being able to uphold the rule of law is drilled into us early on in law school — that it matters. The process matters. These laws matter. This is how we govern ourselves.” And so, at the “Thomas More Society, we are very keen on making sure that our trial work is excellent. And that’s because that’s how you win cases. … We’re very patient. We press hard. … [W]e’ll take it as far as we have to, and we never give up.”
Sarah Holliday is a reporter at The Washington Stand.


