The latest abortion battlegrounds: City councils and county commissions

City councils and county commissions are the latest battlegrounds for abortion in the wake of the Dobbs v. Jackson Women’s Health Organization Supreme Court decision which overturned Roe v. Wade. Live Action News previously documented the all-out assault against pro-life pregnancy centers at the local level. Now, city and county politicians in multiple states are seeking to pass measures supporting abortion in various ways, and are also seeking to deprioritize police investigations of abortion.

Arizona

• Phoeniz, AZ: In October, the Phoenix City Council voted 6-2 to support an abortion resolution which would seek to de-prioritize police investigations of abortion. The move follows the passage of Senate Bill 1164, a 2022 measure protecting preborn human beings after 15 weeks gestation from abortion, signed into law by Governor Doug Ducey.

• Tempe, AZ: On September 8, the Tempe City Council will vote to “Adopt a resolution declaring Council’s opposition to the United States Supreme Court decision in Dobbs v. Jackson Women’s Health Organization and denouncing Senate Bill 1164 and other provisions of Arizona law criminalizing abortion. (Resolution No. R2022.119)”

California

• Irving, CA: In July, Irvine City Council members voted to approve a resolution declaring “reproductive freedom” a fundamental right. The resolution “supports the State of California’s efforts to add a Constitutional Amendment protecting a woman’s right to choose and stop local municipalities from implementing anti-abortion policies” and they urged “federal elected officials to pass legislation codifying the full right to abortion.”

• Oakland, CA: On September 20, City Council President Nikki Fortunato Bas, Vice Mayor Rebecca Kaplan, City Council President Pro Tem Sheng Thao, and Councilmember Carroll Fife plan to bring a resolution in support of Proposition 1 before the City Council, according to CBS News San Francisco. According to the California Family Council, the measure, if approved by the voters of the state, would “ensure all abortions WITHOUT limitation be protected right up to the moment of birth.”

Connecticut

• Hartford, CT In July, the Hartford City Council passed a resolution in support of abortion, vowing to support individuals and medical professionals who provide abortion to people from out of state.

Florida

• Tampa, FL: In August, the Tampa City Council voted 5-2 to pass resolution 2022-671 to “not approve the appropriation of funds for any action or activity that would abrogate or criminalize the rights of its residents to make reproductive health decisions, including abortion care, for themselves…” It was supported by council members Guido Maniscalco, Luis Viera, Charlie Miranda, Bill Carlson, and Joe Citro. Councilperson Lynn Hurtak claimed the measure did not go far enough, so she voted against the it after the Council’s legal staff removed her proposal. According to cltampa.com, Hurtak’s version, crafted with assistance from the Tampa Democratic Socialists of America, would have made abortions “the lowest level priority for local law enforcement to pursue” and “called for the city to not be involved in funding so called ‘pregnancy centers’ that work to oppose legal abortion.”

Georgia

• Atlanta, GA: In June, the Atlanta City Council approved a resolution stressing that no city funds will be used to investigate abortion and that police will make investigations of abortion the lowest priority. The Council also requests that the “Atlanta Police Department ensure that the investigation or support for the prosecution of any allegation, charge, or information relating to the outcome of a given pregnancy, including abortion and abortion-related care, or any party thereto will be the lowest priority for enforcement…” A separate resolution allowed the city of Atlanta to donate $300,000 to pro-abortion organizations. The Atlanta City Council passed the resolution on the consent agenda unanimously and without any objection. The money will go to the Access Reproductive Care-Southeast and will be distributed to allow for things such as rides to abortion appointments, abortion travel, and accommodations for women seeking abortions, according to news reports.

• Savannah, GA: In July, the Savannah City Council approved a resolution to support abortion. A local

Idaho

• Boise, ID: The Boise City Council passed a resolution by a 3-2 vote to limit city resources from being used to take legal action against someone for seeking or committing an abortion. The resolution states “investigations for the purpose of prosecuting abortion providers will not be prioritized, and additional resources or personnel will not be assigned” to such cases. It adds that city funds will not be used to store information or provide assistance to “any other governmental body, agency, or professional licensing board about any abortion performed.”

Iowa

• Des Moines, IA: A proposed resolution drafted by Des Moines city councilman Josh Mandelbaum would prohibit police from investigating any matters related to abortion. It reads in part, “RESOLVED THAT the City of Des Moines shall not use its resources to investigate anyone seeking reproductive health care services or health care providers facilitating access to such services.” On October 3, 2022, the Council rejected the resolution by a vote of 5-2. Read more here.

Louisiana 

• New Orleans, LA: In July, the New Orleans City Council approved a resolution which, according to WDSU, would “deprioritize abortion cases in the city.” And an ordinance was approved to amend the Code of the City of New Orleans, clarifying that facial recognition technology shall specifically exclude those involving abortion and consensual sexual acts.

Maryland

• Baltimore, MD: In May, the Baltimore City Council unanimously approved a resolution that affirms abortion. First district Councilmember Zeke Cohen said a key part of the resolution is backing the Baltimore Abortion Fund and Baltimore Doula Project through city funds and donations. “Now, therefore, be it resolved by the City Council of Baltimore, That the City Council calls the Mayor to work with the City Council to create a public fund that supports community-based organizations in Baltimore that are engaged in reproductive health care services.”

• Montgomery County, MD: Maryland County Executive Marc Elrich requested $1 million in supplemental allocation for increased funding to a Health and Human Services budget to, among other things, provide “grants to organizations in the County that provide abortion services,” to provide “aid to organizations that are fighting legal battles on behalf of those seeking access to abortion services; [s]ecurity for providers who offer direct abortion services or referral to abortion services,” and “[s]upport for organizations and providers who offer direct abortion services or refer to abortion services to begin practicing in Montgomery County.” On September 2, Elrich announced that the county is committing $1 million for 

Massachusetts

• Amhurst, MA: In July, the Amhurst Council proposed and then passed a resolution “Reaffirming Support for Access to Safe and Legal Abortion in the Commonwealth of Massachusetts and Across the United States.” According to a news report, “The resolution related to abortion advocates for legally protecting both patients and doctors who might travel to Massachusetts, stating ‘abortion is an essential reproductive health service and its availability is an important part of ensuring every individual’s right to safe and accessible health care.’”

• East Hampton, MA: Mayor Nicole LaChapelle told MassLive.com that she was approached by Reproductive Equity Now to enact a pro-abortion ordinance, but decided not to act on it, in part due to potential legal exposure to the city. City Councilor Owen Zaret said that Planned Parenthood had suggested that he propose a measure to target their pro-life pregnancy centers, called the “Deceptive Advertising Practices of Limited Services Pregnancy Centers” ordinance, which would include $300 fines for violations.

Missouri 

• Kansas City, MO: The Kansas City Council approved a measure that could provide $300 travel stipend for city workers seeking an abortion, according to KCTV5. The resolution declares, “reproductive rights are fundamental human rights and criminalizing access to reproductive rights is a form of discrimination against women, girls and others who can become pregnant.”

•  St. Louis, MO: A report by the pro-abortion National Institute for Reproductive Health (NIRH) claimed that in July that “the St. Louis City Board of Alderman passed Board Bill 61… allocating $3.05 million in American Rescue Plan (ARPA) funds toward the creation of a Reproductive Equity Fund.”

Minnesota

• Minneapolis, MN: The Minneapolis city council approved the Reproductive healthcare and abortion rights (RCA-2022-00523) supported by Wonsley Worlobah, Payne, Rainville, Vetaw, Ellison, Osman, Goodman, Jenkins, Chavez, Chughtai, Koski, Johnson, and Palmisano. It calls for the council to oppose pro-life “legislation passed in Texas and other states” urging Minnesota municipalities to “join its efforts in safeguarding and promoting access to reproductive healthcare and abortion rights, and pass resolutions urging the Minnesota Legislature to take steps necessary to protect and promote reproductive healthcare and abortion rights, instead restricting them.” In addition, Minneapolis City Councilmembers Aisha Chughtai and Robin Wonsley are working with pro-abortion groups Our Justice and Pro-Choice Minnesota to campaign for the City to fund abortion.

New Mexico

• Albuquerque, NM: In August, the Albuquerque City Council voted to send $250,000 to Planned Parenthood.

• Santa Fe, NM: On August 31, the City Council passed a resolution “supporting legislation in the United States of America and the State of New Mexico to protect the right to a safe abortion.”

New York

• New York, NY: According to a press release by the NYC Council, a series of resolutions dubbed the “NYC Abortion Rights Act” bill package was passed to “safeguard abortion and advance reproductive health care in the City.” 466-A would “prohibit City agencies from using City resources, including, but not limited to, time spent by employees and the use of City property, to detain persons for performing or aiding with abortions or to cooperate with or provide information to out-of-state entities related to abortions performed in New York state.”The bill would also create a private right of action for any person detained in violation of this law. A separate bill, “would create a private right of action for interference with reproductive or endocrine medical care. A person would be able to bring a claim of interference with medical care when a lawsuit is commenced against such person on the basis of medical care relating to the human reproductive or endocrine systems that is legal in New York City and which was provided, in whole or in part, in New York City.” Another would require New York City Department of Health and Mental Hygiene (NYC DOHMH) to provide medication abortion at no cost to a patient at clinics operated by DOHMH. Yet another would establish a grant program to provide funding to New York abortion providers and pro-abortion organizations to increase access to abortion. Yet another would allow out-of-state physicians to provide abortions in the state while awaiting full licensure.

Ohio

• Columbus, OH: In July, the Columbus City Council approved a resolution to “To de-prioritize the enforcement of laws that criminalize access to safe reproductive healthcare procedures and services…” The City also allocated over $26,000 to Pro-Choice Ohio, originally founded as a NARAL affiliate, to investigate pregnancy resource centers.

• Lakewood, OH: In July, the Lakewood City Council passed ORDINANCE #20-2022 “to enact… Limitation on enforcement related to abortion care…” The resolution was declared “an emergency measure necessary for the immediate preservation of the public peace, property, health, safety and welfare in the City.” On September 6, City Councilman Jason Shachner plans to introduce a resolution to deprioritize police investigations of abortion in that city. “I will introduce Resolution 2022-33 that will adopt the City of Lakewood Reproductive Health Care Policy. This Policy ensures that the City of Lakewood will not prioritize the use of its resources to investigate or prosecute abortion related criminal offenses,” he wrote in part. (Read more 

Pennsylvania

• Allentown, PA: This City Council is slated to hear several pro-abortion measures. Bill 62 states that “If certain reproductive health care services, including abortion, ever becomes illegal nationwide or in the Commonwealth of Pennsylvania, the Council of the City of Allentown instructs all city officials and city law enforcement agencies to deprioritize enforcement of crimes related to providing or receiving these reproductive health care services, including abortion, to the furthest extent possible” (emphasis added). While Bill 63 would amend the City of Allentown Code “by adding Chapter 474, Regulating Rights and Actions, § 474-4 Protection of Reproductive Health Care Services Providers from Out-of-State Investigation or Prosecution for Providing Legal Abortion Care.” Others will target pro-life sidewalk counselors and pregnancy centers. Read about those here.

• Pittsburgh, PA: In July, Pittsburgh City Council approved a resolution that “would ensure that if Pennsylvania moves to ban abortions that criminal charges will be a low priority for law enforcement.” Another ordinance would protect abortion providers from out-of-state investigations and prosecutions.

• Newtown Township, PA: In September 2022, the Township’s Board of Supervisors directed its solicitor to draft a resolution supporting abortion. (Read more here.)

Tennessee 

• Memphis, TN: In July, the Memphis City Council approved a resolution which advises the district attorney to not use resources and personnel from local law enforcement for “investigations and prosecutions for decisions that should be left up to a person and their medical provider.”

• Nashville, TN: In July, a resolution supported by Council member Delishia Porterfield and several others was approved “to deprioritize enforcement and arrests and requesting city funds and staff not be used to investigate abortion-related cases.” In addition, it will “[r]equest Metro departments implement and enforce noise, parking, traffic and anti-nuisance policies to prevent harassment and disruption at abortion clinics.” It asks the Metro Development and Housing Agency to develop rules to prohibit housing discrimination on the basis of reproductive health decisions.According to The Tennessean, Nashville Mayor John Cooper’s administration and several Council members are also pushing to extend health coverage to Metro employees who need to travel out of state for medical procedures, including abortions.” It also approved a resolution “opposing the decision of the Supreme Court of the United States” which “overturned Roe v. Wade.” Another urged the Metropolitan Employee Benefit Board to access providing funds for abortion. The Council also approved an 

Texas

• Austin, TX: According to the Nation, Austin City Council member José “Chito” Vela worked with the Austin Justice Coalition, the Lilith Fund, and Avow Texas to develop the “Guarding the Right to Abortion Care for Everyone Act” (GRACE Act) which was approved in July of 2022. The resolution called for “limiting the use of City funds for collecting or maintaining information concerning abortions… and de-prioritizing enforcement of criminal laws concerning abortions…”

• Dallas, TX: In August, the Dallas City Council, which underhandedly eliminated a number of speakers opposed to that city’s proposed abortion measure, approved the Reproductive Rights Resolution modeled after the so-called “GRACE Act.” It states that it is the “policy of the City that investigation of or support for the prosecution of any allegation, charge, or information relating to a pregnancy outcome or any party thereto will be the lowest priority for enforcement…”Asked by a Council member whether the resolution would be a violation of police officers’ oath, Dallas Police Chief Eddie Garcia responded, “Yes. Having the policy that says you will not enforce a law on the books would be in violation of our police officer’s oath, if you will not enforce it. Using discretion is different than saying you will not enforce a law of the State of Texas… Obviously there’s some uneasiness and I’ll be frank, not only are just most of my rank-in-file, this has nothing to do with the issue, it has to do with the language.” Watch the Council meeting 

Media reports indicate that a group called Local Progress ,which claims to be made up of “elected leaders who build power with underrepresented communities” is behind the measures in Texas but is activating in New York, North Carolina, and Minnesota where they focus on abortion rights.

Local Progress published a document which offers a template for how to “Refuse to use local law enforcement to arrest and detain abortion providers or those seeking abortions.” The group offers another template to “Require government contractors to cover abortion care for their workers.” In addition, the group encourages supporters to “Pass an ordinance regulating crisis pregnancy centers that provide false and misleading information about abortion.” Local Progress is a project of the Center for Popular Democracy and CPD Action, which has taken part in Planned Parenthood events.

Virginia

• Alexandria, VA: In June, the Alexandria City Council approved a resolution (22-1353) that would affirm abortion and call on the State’s Assembly to “protect abortion” and “ask that the City Manager work with the Director of Planning & Zoning, in consultation with the City Attorney, to review existing land-use regulations regarding the operation of a clinic providing abortion services, and bring forward for consideration Zoning Text Amendments to ensure unfettered administrative approval in any commercial or mixed-use zone;” among other requests.

• Richmond, VA: Passed a resolution which included a series of demands “to protect and expand abortion access.” These included “Introducing and passing a constitutional amendment to define abortion as a right protected by the Constitution of Virginia, thereby protecting access to safe, legal abortion for years to come” and “Repealing state restrictions and removing abortion from the criminal laws of the Commonwealth of Virginia.”

Washington 

• Edmonton, WA: In July, Edmonton City Council unanimously approved a resolution in support of abortion.

• Kenmore City, WA:  In June, the Kenmore City Council unanimously passed Resolution 22-387 in support of codifying abortion. The resolution was brought forth by Deputy Mayor Melanie O’Cain shortly after the overturn of Roe.

• Spokane, WA: In July, Spokane City Council approved a resolution which “limits… police officers from participating in out-of-state abortion investigations or investigating the outcome of a pregnancy.”

Editor’s Note: This post will continue to be updated as necessary.

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