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ACLU warns Danville ahead of vote to outlaw receipt of abortion medication, instruments

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Illinois

* From the Illinois Reproductive Health Act…

A unit of local government may not regulate an individual’s ability to freely exercise the fundamental rights set forth in this Act in a manner more restrictive than that set forth in this Act.

* Danville Commercial News…

The Danville City Council’s Public Services Committee on Tuesday will consider approving an ordinance preventing the mailing, delivery and receiving of abortion medication in the city.

The committee meets at 6 p.m. Tuesday at the Robert E. Jones Municipal Building, 17 W. Main St.

The ordinance is for “Approving the Addition of Chapter 142 to the Danville, Illinois Code of Ordinances; Requiring Compliance with Federal Abortion Laws.”

At an abortion clinic protest last month across the street from 600 N. Logan Ave. where a clinic is proposed, Mark Lee Dickson, director with Right to Life East Texas and founder of the Sanctuary Cities for the Unborn Initiative, said he’d been working with city officials on ordinance language to incapacitate and stop the proposed clinic from opening.

* Press release…

The ACLU of Illinois today sent a letter to Danville Mayor Rickey Williams and members of the City Council warning that a proposed ordinance that would declare the community a “sanctuary city for the unborn” is illegal under the Illinois Constitution and Illinois law and must be rejected. Passage or attempted enforcement of the misguided proposal “will do nothing other than expose the City to significant legal liability and fees.”

“Illinois law protects and guarantees every person’s ability to make their reproductive health care decisions without governmental interference,” said Chaundre White, Senior Supervising Attorney at the ACLU of Illinois, one of the signatories to the letter. “Danville and every other community in Illinois are not free to violate that law.”

In recent weeks, Danville residents and leaders have discussed plans for the proposed ordinance in response to plans by a medical group to open a clinic that offers a full range of reproductive health care, including abortion care. The ordinance would place unnecessary requirements aimed at blocking the new clinic from functioning, including prohibiting the receipt of medications or instruments that can be used for abortions. This ordinance is being introduced in the Danville Public Services Committee, even though it is blatantly unenforceable under the Reproductive Health Act.

The letter notes that both the Illinois Constitution and Illinois’ Reproductive Health Act make clear that our State policy is to protect reproductive rights. In particular, the letter notes that the RHA plainly states that:

(a) Every individual has a fundamental right to make autonomous decisions about the individual’s own reproductive health, including the fundamental right to use or refuse reproductive health care.
(b) Every individual who becomes pregnant has a fundamental right to continue the pregnancy and give birth or to have an abortion, and to make autonomous decisions about how to exercise that right.
(c) A fertilized egg, embryo, or fetus does not have independent rights under the laws of this State.

The ACLU calls on the Danville elected officials to reject the ordinance, noting that “it is without question that Illinois law protects reproductive rights––including the right to obtain an abortion within the state. The City of Danville is not above this law.”

“Abortion remains safe and legal in Illinois,” added White. “Danville should recognize their responsibilities under the laws of our state.”

The full ACLU Illinois letter is here. It’s worth a read.

posted by Rich Miller
Tuesday, Apr 25, 23 @ 12:19 pm

Comments

All they have to do is stick through the appeals all the way up, and they know they’ll be able to restrict whatever, whenever, wherever.

Comment by Roadrager Tuesday, Apr 25, 23 @ 12:23 pm
== All they have to do is stick through the appeals all the way up, and they know they’ll be able to restrict whatever, whenever, wherever. ==

While I agree with this SCOTUS it is “anything goes”, to override a state supreme court in a matter of purely state law would be quite an escalation. Based on the latest FDA stay that conservative majority is already getting wobbly because they realize how badly they’ve damaged GOP election outcomes.

Comment by ChicagoVinny Tuesday, Apr 25, 23 @ 12:34 pm
Are they going to put the neighborhood letter carrier in jail?

Comment by very old soil Tuesday, Apr 25, 23 @ 12:43 pm
I’ll let the legal experts chime in, but can a municipal government ban delivery of mail by the Federal government? It seems to me if what is being mailed is legal, local government shouldn’t be able to prevent its delivery.

Comment by G'Kar Tuesday, Apr 25, 23 @ 12:50 pm
I’m sure residents won’t mind draining city coffers on this vs, you know, providing services. /s

Comment by Politix Tuesday, Apr 25, 23 @ 12:52 pm
I’m glad to see the ACLU stepping up at such an early process.

The committee isn’t what controls the ordinance becoming local law. The committee will only be voting on approving or not approving sending the ordinance to the full board for a vote. The city/town board trustees are who will be issuing the deciding votes.

For now, this is only a side-show and no binding outcome will result from the committee vote.

However, it is important to smash these performative acts down as quickly as possible. That is what the ACLU is doing here.

We went through this locally last fall at our park district, when the ACLU sent a lawyer to the board meeting regarding a vote on a drag show that had the potential to open up the park district to similar legal expenses with a certain vote. The lawyer was a nice guy, and enjoyable to talk with.

I’m happy to see the ACLU going a bit more on the offensive on this.

Comment by TheInvisibleMan Tuesday, Apr 25, 23 @ 12:58 pm
The Danville Mayor won re-election by 59 votes. He was the left leaning candidate in this non-partisan election.

He sees the black community and specifically black churches as his base. This is a cover your behind measure by the Mayor after a narrow victory. This passes for certain. It will be his “I tried” CYA moment.

Comment by OK Tuesday, Apr 25, 23 @ 1:11 pm
Comstock. Laughingstock. Women control their bodies. Just stop.

Comment by Amalia Tuesday, Apr 25, 23 @ 1:16 pm
Interesting to see that some local government officials want to give Governor Pritzker the opportunity to send in the National Guard to protect the rights of women.

Or for Joe Biden to bring suite against a local government for interfering with the United States Postal Service.

Comment by Candy Dogood Tuesday, Apr 25, 23 @ 1:18 pm
The need to control women’s bodies is the basis of male domination…that’s what they fear losing.

America’s male dominator style culture is alcohol fueled… and backed with military style weapons.

Women controlling their own bodies threatens that …Legal (boundary dissolving) cannabis threatens that…Gender choice and open sexual orientation threaten that…male dominance.

Comment by Dotnonymous Tuesday, Apr 25, 23 @ 1:24 pm
Thank you ACLU.

These pockets of resistance to decidedly regulate women’s health are where the festering of poisonous thoughts thrive

Comment by Oswego Willy Tuesday, Apr 25, 23 @ 1:28 pm
Danville has bigger issues to worry about. Of course those other issues are to complicated for this crowd, so let’s go culture war.

Comment by Sir Reel Tuesday, Apr 25, 23 @ 1:30 pm
=Candy Dogwood=

See what I stated above. The local municipality isn’t paying for any of this, it is national Right to Life groups itching for the lawsuit paying the freight.

The local Mayor will get little political blowback for this as he gets to have it both ways; ran to the left of his opponent, caters to his religious base to cover his behind. He may well not even stop short of saying this is what the Lord told him to do. Still sees himself as a D. Fascinating dynamics.

Comment by OK Tuesday, Apr 25, 23 @ 1:30 pm
The Proud Boys so fear Women they wear bullet proof vests?

Comment by Dotnonymous Tuesday, Apr 25, 23 @ 2:12 pm
“Are they going to put the neighborhood letter carrier in jail?”
Give them time….

Comment by btowntruth from forgottonia Tuesday, Apr 25, 23 @ 3:57 pm
Not what Illinois needs or wants. Some MAGA man from Texas telling us what our abortion laws should be. Thank you very much sir, but we already got this one handled.

Comment by Cosgrove Tuesday, Apr 25, 23 @ 4:20 pm
- Sir Reel - Tuesday, Apr 25, 23 @ 1:30 pm:

Danville has bigger issues to worry about. Of course those other issues are to complicated for this crowd, so let’s go culture war.
————————————————
Ding ding ding correct answer.

Comment by btowntruth from forgottonia Tuesday, Apr 25, 23 @ 6:20 pm
Other issues are too complicated so let’s go culture war - what Sir Reel said is a thought echoing in my mind a lot of late as well.

Comment by Yooper in Diaspora Tuesday, Apr 25, 23 @ 10:56 pm
Will be voted on next week by their city council after passing out of committee today 3-1, partisan batttle. But, hey, free legal representation for Mayor Williams and Danville. And as Rickey should know, you get what you pay for.

Comment by OurMagician Wednesday, Apr 26, 23 @ 12:45 pm