Pueblo Mayor says proposal to stop abortion and reproductive health clinic would violate state law

PUEBLO, Colo. (KRDO) -- During a Pueblo City Council meeting, several citizens voiced their concern over an abortion and reproductive health clinic opening in the city. Despite some elected officials wanting to push back against the clinic, Pueblo's mayor said there's nothing they could do to stop it from opening.

The facility, Clinics for Abortion and Reproductive Excellence (CARE), is an organization that offers abortions and reproductive healthcare, like birth control. The CARE location in Pueblo would provide abortions for the first and second trimesters.

CARE is currently under contract with a new building in the city and in the renovation process.

However, a group of pro-life residents, including elected officials, oppose the healthcare facility. They began a petition opposing the abortion clinic.

Monday night at the packed meeting, a handful of pro-life advocates voiced their disapproval of the clinic.

One of the pro-life advocates, a pastor, said he believes the clinic will be "harmful" to Pueblo residents.

"I think it's harmful to women. Obviously, I think it's harmful to children because I would classify those inside the womb as being fully human and worthy of legal protection. I think it's bad for our community because I think it's a very divisive issue," said Quin Friberg, Pastor at Family Worship Center.

Earlier in October, the Supreme Court declined to decide whether or not a fetus should have constitutional rights.

Also during the meeting, council members Lori Winner and Regina Maestri said they'll be introducing an ordinance to ban the abortion clinic from coming to Pueblo.

"We are a home rule city, and we should be able to make our own rules," said Lori Winner.

According to the state, home rule is a form or structure of governing defined by citizens of a municipality or county that allows for more control over matters of local significance. That means home rule ordinances addressing local matters supersede state law. However, the state says in matters of statewide or mixed concern, state laws may take precedence over conflicting home rule ordinances.

However, Pueblo Mayor Nick Gradisar said there is nothing he can do to stop the clinic from coming to Pueblo despite the city being a home rule municipality.

"Well, you could introduce an ordinance, say we don't want this. But as a practical matter, when the state adopts a statute guaranteeing a woman's right to reproductive health care and says this is a matter of statewide concern, which they did, any statute or ordinance that any city adopts in conflict with that would be null and void," said Gradisar.

Officials with CARE believe this facility will help Pueblo residents and others in Southern Colorado struggling to find reproductive care.

Below is a statement provided to KRDO:

The closure of multiple clinics post-Roe has caused wait times and travel distances to increase for patients. Opening a new clinic in Pueblo not only gives the local residents better access to abortion care but increases access within the region.

Lee Carhart IV, Chief Operating Officer for CARE

According to our news partners at The Pueblo Chieftain, CARE would be the only abortion clinic in Pueblo County. The county had a Planned Parenthood in Pueblo West that closed its doors in 2015. However, that clinic did not provide abortions.

KRDO asked CARE when the abortion clinic plans to open, and they said they aren't able to provide an answer at this time.