Bracing for abortion ban, Austin OKs free menstrual products, drafting anti-discrimination rule

Natalia E. Contreras, Austin American-Statesman
·4 min read
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The city of Austin will provide access to free menstrual products at city-owned facilities and, ahead of a potential ban on abortion, will craft an ordinance to prohibit employment and housing discrimination on the basis of reproductive health decisions — a measure that would be the first of its kind in Texas.

The actions, passed by the Austin City Council as two resolutions proposed by Council Member Vanessa Fuentes, come in response to a potential abortion ban in Texas that public health experts say would disproportionally affect people of color and low-income families.

Another resolution offered by Mayor Steve Adler declared the city's support for inclusive reproductive care and tasked the city manager with researching how the city could provide family-building support, such as fertility, adoption and fostering assistance for city employees.

More: Black, Latino, low-income Texans to be hardest hit if Roe v. Wade overturned, experts say

The three resolutions approved Thursday also aim to bolster the city of Austin's support of residents' reproductive health rights.

A draft U.S. Supreme Court opinion leaked earlier this month indicated that the high court could upend the landmark 1973 Roe v. Wade decision that established constitutional protections for abortion. The move also could affect rulings that have guaranteed access to other reproductive health care, such as contraception, some legal experts said.

Abortion, under the Texas law known as Senate Bill 8, is still permitted in the state, but the procedure is prohibited after six weeks of pregnancy, which is often before people are aware they are pregnant.

More: Austin ISD students walk out of classes to support abortion rights

Texas is among 13 states, including the bordering states of Oklahoma, Louisiana and Arkansas, that would ban abortions relatively quickly if the high court upends Roe in a final ruling expected next month.

Austin's Reproductive Health Decision ordinance

The creation of rules against discrimination — the Reproductive Health Decision ordinance — shows the City Council is taking action beyond simply announcing support for reproductive rights, Fuentes said.

"Updating the nondiscrimination ordinance is a way for us to be proactive in anticipation of the inevitable overturning of Roe v. Wade," Fuentes said. "Even though Austin is going to be the first city of Texas to do this, more cities will follow. And it's important that I'm able to work with other council members throughout the other big cities in Texas to do something similar so that we have that strength and numbers and so that we offer more protections for more Texans."

'We're going to fight back': Austinites gather at Texas Capitol rally for abortion rights

The ordinance would protect anyone who faces discrimination at the workplace or in housing because of their reproductive choices.

Council Member Mackenzie Kelly Thursday voted against the resolution to create the ordinance. The council will vote on whether to pass the ordinance next month.

“Austin is a city that empowers and respects our residents to make their own decisions over their reproductive health," Adler said in a statement Thursday. "The ability to find employment or housing should not be impacted based on personal reproductive choices. Discrimination of any kind does not represent who we are as a city and will not be tolerated.”

Where menstrual products will be available for free in Austin

The mayor and Council Members Fuentes, Chito Vela and Natasha Harper-Madison worked alongside advocacy groups Pro-Choice With Heart, Texas Menstrual Equity Coalition and Jane’s Due Process to bring the resolutions forward.

The average person who has a menstrual cycle will spend about $18,000 per year on menstrual products, according to Fuentes' resolution.

The resolution is set to be prioritized for the fiscal 2022-23 budget and the city manager was directed to consider it when drafting the proposed budget.

The city manager also was directed Thursday to provide free menstrual products at the following facilities:

  • City-owned showers and bathrooms accessible to people experiencing homelessness.

  • Austin Public Health facilities that serve the public, including neighborhood centers and sexual health clinics.

  • All Austin Public Library facilities.

  • All city-owned community recreation centers and summer camps.

"There is a 72% need in low-income families and families living in poverty to have access to period supplies. We call that 'period poverty,'" said Holly McDaniel, executive director of the Austin Diaper Bank, who spoke in favor of the resolution Thursday. "And unfortunately, 1 in 5 people in our community experienced that here in Austin. The community is in favor of this. We're looking forward to being able to provide period supplies, pads and tampons and liners, in all city buildings."

Austin American-Statesman reporter Natalia Contreras can be reached at 512-626-4036 or ncontreras@statesman.com. Follow her on Twitter and Facebook, @NataliaECG.

This article originally appeared on Austin American-Statesman: Austin OKs reproductive health measures for city employees, facilities