Chicago-Area Ready-Mix Concrete Company Files Federal Lawsuit vs. Obamacare

Thomas More Society Seeks Court Exemption to Forced Provision of Abortion-Inducing Drugs


Ozinga Bros., Inc., a respected Chicago-area ready-mix concrete company, has filed a complaint in federal court seeking an exemption from complying with what is known as the “employer mandate” in the Patient Protection and Affordable Care Act, often referred to as “Obamacare.”  Working with the Thomas More Society, Chicago, and affiliated attorneys, Ozinga ownership has taken action to oppose the mandate that requires the company to pay for and include in their employee group health plans abortifacient drugs, to which the family-owned business is firmly opposed to for religious reasons.

The company, a premier Midwest supplier of concrete and building materials, filed the complaint in the United States District Court for the Northern District of Illinois, Eastern Division, seeking an injunction or exemption from compliance with government directives they deem morally reprehensible.

Under the Obamacare mandate, Ozinga Bros. would be forced to provide coverage for drugs commonly referred to as “morning after” (Plan B) and “week after” (“ella”) pills, which are administered to induce abortions.

The Ozinga family, owners and managers of Ozinga Bros., Inc., have a Scripture-based belief that life begins at conception. Providing abortion‐inducing drugs stands in direct contradiction to essential tenets of their faith and their faith-inspired purpose in doing business.  The company’s employees have been assured that Ozinga Bros., Inc. maintains the goal of continuing to provide its employees with high quality, comprehensive health insurance plans at a reasonable cost, but that it “cannot in good faith and conscience provide or pay for drugs that induce abortions.”

The Ozinga Bros.’s filing names the United States Department of Health and Human Services and Kathleen Sebelius as defendants, along with the U.S. Departments of Treasury and Labor with their respective Secretaries, Jacob Lew and Seth D. Harris.

“This is another case of a solid, ethical company, providing good jobs to hundreds of our fellow citizens, and yet finding their fundamental religious liberties suddenly trampled by their government,” said Tom Brejcha, president and chief counsel of the Thomas More Society. “We have every reason to believe, based on prior court rulings in favor of our other clients, that the federal courts will respect Ozinga’s right to continue to do business in a manner compatible with and faithful to its religious commitments,” he added.

Ozinga Bros. Inc. operates 33 concrete mixing plants in the Chicago area.  Well-known for its environmentally friendly natural gas powered  concrete mixing trucks, the clean energy trucks, and its Green Building initiative, are both part of Ozinga’s efforts to fulfill its Scriptural “charge to care for the earth.”  Headquartered in Mokena, Illinois, Ozinga employs approximately 750 people in its fourth-generation, American-owned family business.

A copy of the court filing is available here  or available upon request.