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Colorado business owner battles DOJ over ObamaCare

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    Hercules Industries owner Paul Newland speaks out

  • Duration 5:55
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Fox News alert the White House taking questions moments ago about new challenges to the president's health care a lot and a new loss for the administration.

In what's becoming an important legal case out of Colorado it's getting national attention now Hercules industries is a heating and air conditioning company started 1962.

By the new -- family.

It was built from the ground up over the past fifty years it now employs more than 260 people.

They also the new -- happen to be faithful Catholics.

Who asked for a waiver to the new health care a lot because of the contraception requirements they -- those run counter to their Catholic -- faith.

The Justice Department.

-- said to bat if you don't like the rules you can always abandon the business.

A member of the new and family joins me now Paul -- -- is owner of Hercules industries and his attorney Matt Bowman is with me as well.

Thank you both so much for being here Paul.

I don't think I'm overstating the case because we looked at the Justice Department.

Briefs and they came out pretty clearly in there -- in there in a position paper saying look you don't have to be.

In the HVAC business they hero Hercules industries is not a religious employer it's an H back manufacturer.

And it says it's made no showing of a religious belief which requires that it engaged in the HVAC business any burden you've -- face.

Is caused by York choice to enter into that business.

Your thoughts on that Paul.

Well it's certainly an interesting position are are positioned.

Megan is that -- we believe that.

Every American.

Including those in business.

Have the right to do business in accordance with their faith and that's very simply that's our that's our statement that's what we're all about.

So I mean.

It an ironic because the president came out repeatedly and said that we will respect religious liberty we do care about that but we also care about women -- need contraception coverage.

But he said we struck the appropriate balance.

-- to protect religious liberty and then he went to court.

And argued that you know Paul can that the balance here means Paul can either.

Get out of the -- business or provide free contraception to his employees.

Yeah that's that's I think that's we've heard you know let me start up rescinded.

Are fairly businesses and go over fifty years.

And in three generations but really faith and values and our core.

And we don't feel that anybody.

Particularly those in Washington at any time should be able to tell us what.

To do when to do and how and how to exercise their faith and quite -- -- faith is not a 2 hours on Sunday morning.

Event it's it's a lifestyle that we live -- have for fifteen years so it's it's it's -- -- in her feelings.

So Matt you going to -- on behalf of the new -- and file a challenge to Obama care saying you can't do this you can't.

For spam -- like the new -- to pay because they're self insured to pay for contraception coverage and these abortion aids and so on.

Against their religious well the -- the Department of Justice comes and it says yes we can and what -- the judge say.

And this and this is the first ruling on religious freedom in the judge ruled that -- -- cannot be used at least for the time being.

To force this family to choose between its faith.

Or facing massive government penalties and fines and that's really why alliance defending freedom brought this case to make sure that every American.

As state in the constitution and federal law will be free to live and do business according to their -- Follow we've heard from many folks who -- like this coverage look.

You know you're employee at 260 employees lot of those women want contraception is XX contraception coverage and that they shouldn't.

Be forced to go without because of your religious beliefs they believe it's discriminatory.

Against your female employees who may not share your beliefs.

What say you.

Well you know that we obviously you heard that it -- -- has again we have been in business for fifty years and have.

A greater petition for taking great care of our employees are very very generous packages for employees.

The support with our employees -- from top to bottom everybody the company's been.

Exceptional.

And that -- keep in mind this is not about Hercules.

Or it's not just about -- this is about something.

Much much greater stake and that's our freedom and that that's really the focal point of the issue and you know obamacare puts us in a really bad positioned aides that said you can do one -- to pick between one of two evils.

You can either choose to abandon your faith.

And you clearly you know how we feel about that or you can pay.

In millions of dollars of fines and that would eventually cripple our business and and armed the company and all of its employees.

You know Matt that -- -- even as of today real.

Room of the White House spokesman Jay Carney came out and talked about how he thinks that this -- administration -- found a place that respects religious liberty.

And talked about how no religious institution or university.

Has to provide this contraception coverage.

He that excludes small businesses.

Like that.

-- and and the judge to side with you was -- Jimmy Carter appointee.

One presumes he's not some -- ready.

That's right you can hear in the president's spokesman that he's picking and choosing.

What faith is who can practice faith and he's.

Violating the constitution and congress which clearly protect religious freedom for every American.

To empower them to be free to live and do business according to their -- We will see where this goes now on the legal front -- this challenge has met with its first success Paul Newman Matt -- thank you both some boxers.

Thank you David.

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