Pueblo City Council considering an abortion ban that can’t be enforced
PUEBLO, Colo. (KRDO) - On Tuesday members of Pueblo's City Council will discuss an ordinance that would ban abortion in the city limits by opening up healthcare providers and women seeking treatment to legal action by non-city employees.
The so-called "ORDINANCE REQUIRING COMPLIANCE WITH FEDERAL LAW ON ABORTION IN PUEBLO, COLORADO" aims to adopt some federal laws that would criminalize anyone who ships or receives abortion pills or abortion-related paraphernalia and, anyone who performs an abortion procedure.
However, city employees, including Pueblo Police Officers, wouldn't be able to enforce or threaten to enforce the ordinance.
Instead, the ordinance opens up those involved in the abortion process to civil lawsuits from private citizens.
Any person, other than the state, its political subdivisions, including the city of
Direct citation from the abortion ordinance
Pueblo, and any officer or employee or agent of a state or local governmental
entity in this state, has standing to bring and may bring a civil action against any
person or entity that [violates the ordinance]
"Our own legal department is saying, 'Do not go down this road or we're going to get sued and we're going to lose.' All you're doing is taking the city to fall over a cliff here. Why do that?" Dennis Flores, an at-large representative on Pueblo's City Council, told KRDO13 Investigates he is strongly opposed to the abortion ordinance.
Flores isn't alone. The City of Pueblo Legal staff wrote that they are strongly against passing the abortion ordinance.
Legal Staff does not recommend approval of this Ordinance as it is violation of § 25-6-
Legal reccomendation from the background paper for the abortion ordinance
404, C.R.S. which states in part that City Council shall not deny, restrict, interfere with,
or discriminate against an individual’s fundamental right to have an abortion by
regulating the provision of benefits, facilities, services, or information. Additionally, the
ordinance is in violation of § 31-15-103, C.R.S. which states in part that City Council
shall not make and publish ordinances inconsistent with the laws of the state of
Colorado.
"It's like saying the city of Pueblo wants to charge a tariff for Chinese goods when we have no authority to do that. It is a total waste of time," Flores said. "It's a shame that it was even put on the agenda."
The Colorado Attorney General Phil Weiser sent a letter to Pueblo City Council Member Sarah Martinez on September 23 saying, "Should the Pueblo City Council enact a proposed ordinance that violates the Reproductive Health Equity Act, the Attorney General’s Office will defend state laws on this matter, and seek a judicial resolution in court."
Regina Maestri representative for District 1 on Pueblo's City Council wrote the abortion ordinance. KRDO13 Investigates set up multiple interview times with the City Council member but she bailed on two separate interview times and declined to give a statement when KRDO13 Investigates asked why she wrote and supported an abortion ban ordinance that could not be enforced by local law enforcement and would lead to a lawsuit brought by the Colorado Attorney General's Office.
Supporters say this ordinance is the only way to fight back against state abortion laws.
"I think this is the only tangible way to push back against the extremism of the state and allow Pueblo to decide. We are not interested in those types of extreme perspectives," said Quin Friberg, Director of Forging Pueblo.
The ordinance is to require compliance in Pueblo with standing federal law on abortion. Colorado law currently isn't doing that. Those of us supporting the ordinance are concerned about the health of women using a facility that doesn't have to be regulated, isn't inspected, and isn't held to medical standards. Pueblo can OPT OUT of poor abortion practices in Colorado by adhering to standing federal law.
Pro-Life of Southern Colorado
The Thomas More Society sent a letter to the Pueblo City Council in which the non-profit organization said they would provide free legal representation for the city if they were to pass the abortion ordinance and get sued for it.
A vote is expected at the Oct. 15 council meeting.
