Committee votes 3-1 supporting abortion ordinance

Apr. 27—DANVILLE — The Danville City Council's Public Services committee voted 3-1 Tuesday night in favor of an ordinance restricting the mailing, delivery and receiving of abortion medication/instruments in the city.

Several audience members, in a crowded city council chambers, clapped after the vote.

The full city council will act on the ordinance at its 6 p.m. May 2 meeting.

Questions remain regarding the legality of the ordinance and potential lawsuits. Aldermen Robert Williams, Ethan Burt and Eve Ludwig voted in favor of the ordinance, alderwoman Tricia Teague voted against it, alderman Rick Strebing abstained from voting and aldermen Sherry Pickering and Darren York were absent due to family matters.

The council heard 31 public comments including emotional audience comments for about an hour Tuesday night. Most people said they are "pro-life" and want to stop a clinic that will offer abortion services from opening on Logan Avenue in Danville.

The council heard from several pastors; persons being faced with abortion decisions; doctors on both sides of the abortion issue; and others.

Pastor Doug Knapp said the city probably wouldn't be where it is today if Indiana didn't enact stricter abortion laws.

"It's because of business, not because of need, it's because of business that we're getting this kind of interest in our city because we're just so close to the border," he said.

He said Vermilion County should consider this ordinance also.

He doesn't want the city to be known for one or the possibility of more abortion clinics opening here.

Others asked the city not to be scared of possible lawsuits from the American Civil Liberties Union (ACLU) or others.

The city received a letter from Jonathan Mitchell, who clerked for former U.S. Supreme Court Justice Antonin Scalia, stating Mitchell's firm would defend the city if it takes up this cause, prepared to help with legal processes against any lawsuits, Mayor Rickey Williams Jr. said.

The ACLU of Illinois' Chaundre White said the proposed ordinance is unlawful and unenforceable in Illinois. Danville is not above Illinois law, she said, adding that approving the ordinance would expose the city to significant legal liability and fees.

"Abortion is a fundamental right in Illinois," she said, saying it's protected by the Illinois constitution and Illinois Reproductive Health Act. The RHA preempts any local ordinance from being more restrictive, she continued.

Jason Matthews of Danville said city officials couldn't find anyone in Illinois to help with this ordinance, so they brought someone in from Texas where there are 6,000 children waiting to be adopted.

"You're not protecting children, you're forcing birth with zero consideration to the individual, ready to violate women's rights over your beliefs," he said.

He said to Danville's elected leaders who support this ordinance, "You should be ashamed. You know this is illegal and this is not going to work."

Danville resident Cheryl Carlson suggested if the city moves forward with the ordinance, perhaps all erectile dysfunction drugs should be banned for use, sale and distribution in the city.

The ordinance acted on approving the addition of Chapter 142 to the Danville Code of Ordinances requiring compliance with federal abortion law reads: "federal law imposes felony criminal liability on every person who ships or receives abortion pills or abortion-related paraphernalia in interstate or foreign commerce ... (and) the laws of Illinois do not and cannot secure a right, privilege or immunity to act in violation of federal criminal statutes."

"This section shall not apply to any conduct taken by a hospital, or by any employees, agents, or contractors of a hospital, that is necessary to ensure that a licensed physician is prepared to perform an abortion in response to a medical emergency. No provision of this section may be construed to prohibit any conduct protected by the First Amendment of the U.S. Constitution, as made applicable to state and local governments through the Supreme Court's interpretation of the Fourteenth Amendment, or by article 1, section 4 of the Illinois Constitution. Under no circumstance may the mother of the unborn child that has been aborted, or the pregnant woman who seeks to abort her unborn child, be subject to prosecution or penalty under this section. Any person found guilty of violating any provision of this section shall be fined $1,500 for each offense. In addition to any fine imposed under this chapter, the offender shall be ordered to pay all of the costs and fees incurred by the city in prosecuting the violation, which shall include but not be limited to the costs associated with an administrative adjudication proceeding or court proceeding, and reasonable attorney's fees."

Mayor Williams said three of the four originators of the ordinance are women.

Teague asked questions about having any practical way city police can enforce this, how violations would be found out and to whom would citations be issued to. Complaints could lead to hearings, Danville Police Chief Chris Yates said about any city ordinance.

Mayor Williams said the city would not be going through people's mail.

Teague said her biggest concern is to the city and taxpayers of lawsuits that most certainly will come, such as from the ACLU and attorney general's office.

She said the legal ramifications, financial risk and liability could be significant, with the city's own insurance company saying it won't pay for legal expenses regarding the ordinance and estimates indicating it could cost up to $1 million to defend the city on the ordinance.

"Putting this on the books would be irresponsible of us because of the risk that it puts us in," Teague said, adding that Illinois is different than other states with laws already on their books.

She added that as much as the city wants to protect life of the unborn, it should also be protecting the lives of those who are here and facing gun violence.

Danville Corp. Counsel James Simon said the legality of an ordinance is determined unfortunately through litigation. A judge rules something is legal or illegal; and appeals also occur with courts making decisions.

Alderman Mike O'Kane said he's "pro-life," but he doesn't think the ordinance will stop the clinic that would perform abortions from opening.

Mayor Williams said the state attorney general likely will say the ordinance is illegal according to state law. But Williams thinks the city has to consider the totality of federal laws too, such as the Comstock Act regarding abortion drug mailings.

He said he doesn't think the ordinance will stop the proposed clinic, but the city could get a court ruling of a stay on the ordinance that the city couldn't put it into effect until there is a final ruling.

"In the end it provides a means so that they could not provide abortions there though," Williams said of a clinic in the city.

Simon said the U.S. Constitution, not federal statues, is the supreme law of the land. If the constitution doesn't address something, it's left to the states, he said.

Burt said the "heinousness of abortions" is what needs to be focused on.

Ludwig added this is not settled law between state and federal laws.

Mayor Williams said he thinks the Supreme Court of the United States would rule differently than the Illinois Supreme Court should it come down to it.