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Hercules Industries Wins Temporary Injunction Against Health-Care Law

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    Hercules Industries chairman William Newland and attorney Greg Baylor on the company’s opposition to the health-care law.

  • Duration 5:41
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Now many businesses oppose that the new Affordable Care Act and they still do for a variety of reasons saying the new rules regulations are just too sweeping and don't account for the particular needs of individual business owners.

But how do you fight the law one small business did fight back.

And it has won at least a temporary victory.

Tell us how we're joined by William Dolan chairman of the board for Hercules industries and Greg Taylor senior counsel for the alliance defending freedom good to see gentlemen thank you both for coming -- -- first -- It was just get a clear as to why you oppose the mandate on businesses your you were opposed to the birth control to providing.

Birth control for -- Correct.

That's correct -- so we feel that this mandate is really a cultural bulldozer for us week.

I have enjoyed success for fifty years Hercules industries' has been owned and operated by my brother's -- my family and our success is largely from.

The respect for human dignity for respecting people for their individual skills and their strengths.

And we feel that the the mandate which we are being asked to incorporate into our health care plans.

Is.

A culture of well that it destroys our culture of life -- -- -- tried everything.

That we do why don't wanna get into -- a debate about that but I do wanna ask is there a lot of business people who for their own reasons maybe they coincide with your -- but oppose the mandate.

And you've fought it and at least have one let me go to your attorney Gregg what does this injunction mean how how much have you want.

Well this injunction represents an acknowledgment that all Americans including job creators.

Are guaranteed freedom of conscience of protects Hercules industries from having to facilitate behavior.

An activity that -- it believes it's wrong.

The constitution forbids the government from deciding what faith is who the faithful are and when they can exercise that fact that faith and in fact.

The government protects every American from the government illegally intruding upon.

The heart the mind and the conscience the great news about what's going on.

Is that we're winning and they are losing eleven of fourteen cases the mandate is losing and we utilized defending freedom are committed to continuing to defend.

-- New England Hercules industries and many of our other clients against this -- legal mandate right.

I'd wanna go back to bill now bill that you were facing a a big fine where you know wasn't it like a million dollars today.

Yes the fines and penalties are crippling and -- quite frankly it could cost.

Many of our find employees are jobs let me just start to their don't know however how far were you willing to go to support your point of view I mean you can't.

You could have -- indefinitely eventually the company would have gone bankrupt paying these -- correct.

Oh well what fortunately we had the helped guidance and assistance an -- defending freedom.

With Craig and is -- staff then.

We didn't reach that point and we don't fill that any American business owner or at any individual should be forced to make that decision and and to incur those fine.

-- Gregg as -- as I mention their other companies who oppose this for either bill's reason or for other reasons.

Can they sort of piggy back on your success at least so foreign -- in -- to to win case for their own the in -- -- for their own separation from the law.

While the victory that the court granted us in bill's case is certainly a terrific precedent for businesses around the country.

Who don't want the government intruding on their conscience because what the government is doing here is that it's telling people of faith.

That they have to abandon that faith as a condition for earning a living we believe that that is unnecessary.

Unprecedented and unconstitutional so the good precedent that -- -- secured can be used by other companies who -- -- fight this illegal mandate.

Bill as you know a lot of people a lot of business owners and I don't just -- -- their hands and say well that's it it's -- it's done there's no way I can avoid -- what would you tell those people.

Well I would say continue to operate your business -- the culture of life by.

Looking at the positive side of things that.

Engaging in.

Culture of life it goes falls to the bottom line of our company by enhancing efficiencies and and but it's to speak to people about standing up for your religious freedoms in your religious rights all of our employees all Americans want to see resolved and want to see dedication to do.

And the right thing but Gregg is there is very a company around who could point.

Two Hercules and say hey look these guys don't have to adhere to the mandate I shouldn't have to either.

Well certainly companies who have a conscientious objection to complying with the mandate can going to court make the same kind of arguments that bill has been.

Successful well.

I -- the thing is they need to tell the court that it's inappropriate for the government to intrude upon conscience this way.

The -- Obama administration's attack on faith.

And on business to demonstrate and prove that they really don't respect either one and we do encourage other businesses to stand up for their freedom and protect one of our greatest American values which is freedom of conscience -- LDF -- fit -- -- injunction could throw a monkey wrench into the the overall implementation.

Of Obama care.

Yes I do I think.

That.

-- we are positive that this injunction as Greg pointed out has been.

Successful in many court cases and we think that will change she the -- this.

This mandate is carried out.

Bill -- and from Hercules industries and Greg Baylor the alliance defending freedom gentlemen thank you very much good stuff for appreciate -- -- day.