Fox Valley abortion advocates are calling for resolutions to make enforcing Wisconsin's 1849 abortion ban the lowest priority for counties

Bremen Keasey and Sophia Voight, Oshkosh Northwestern
·3 min read
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OSHKOSH - In the wake of the U.S. Supreme Court overturning Roe v. Wade, abortion advocates are trying to pass resolutions in Winnebago, Outagamie and Calumet counties that would make enforcing Wisconsin's 1849 abortion ban the lowest possible priority.

Winnebago County Board member Brian Defferding plans to introduce a resolution that would make enforcing Wisconsin's abortion ban the "lowest priority for enforcement and the use of county resources and personnel."

In a July 2 Facebook post, Defferding said the resolution will first go before the county's legislative committee for approval. There is no set date for the next meeting.

The draft resolution calls for county funds to not be used for:

  • Storing or cataloging reports of an abortion, miscarriage or other reproductive health care acts;

  • Providing information to any other government body or agency about abortions or miscarriages;

  • Collecting an individual or organization's information to determine whether an abortion occurred.

Board member Julie Gordon, who is cosponsoring the resolution, told USA TODAY NETWORK-Wisconsin she doesn't think using county resources to go after "anything to do with abortion" is a good use of county funds.

"We have so many other issues where our funds could go," Gordon said.

Gordon said she expects the issue to be "hotly debated" by the board if it does get through the legislative committee. And while she does not know if it would end up passing, she said it is worth showing support for women's autonomy.

The push for non-enforcement resolutions, or resolutions without any legal power, is coming from Reproductive Justice Action, a Milwaukee-based, grassroots organization, which advocates for, among other things, Milwaukee County not to prosecute abortion cases.

Fox Valley advocacy groups Freedom Road Socialist Organization, Food Not Bombs Fox Valley, United Action Oshkosh and Hope Fridge are now following Reproductive Justice Action's lead in pushing for the passage of the resolutions at the county level.

Members of the groups are developing a Reproductive Justice Action - Fox Valley to bring a non-enforcement resolution to even more county officials, not just Winnebago County.

Founding member of Reproductive Justice Action - Fox Valley Ashley Scheider told USA TODAY NETWORK-Wisconsin the group's main goal is to repeal the state's 173-year-old abortion ban, but groups are starting at the county level to build support.

"We hope a coalition of forces from across the state can come together to force the Legislature's hand," Scheider said.

A crowd marches on College Avenue during a protest of the U.S. Supreme Court's decision to overturn Roe v. Wade on June 24 in Appleton.
A crowd marches on College Avenue during a protest of the U.S. Supreme Court's decision to overturn Roe v. Wade on June 24 in Appleton.

During a July 4 protest in Appleton, TJ Hobbs, the founder of Hope Fridge, said the groups are calling for the resolutions to "make enforcing abortion restrictions the lowest possible priority" for Winnebago, Outagamie and Calumet counties.

Wisconsin Gov. Tony Evers and Attorney General Josh Kaul filed a lawsuit to block the 1849 law, arguing the law is unenforceable because it conflicts with abortion measures state lawmakers have passed since.

The Wisconsin Department of Safety and Professional Services and the Wisconsin Medical Examining Board also joined the lawsuit as plaintiffs.

Evers also announced he would grant clemency to anyone charged under the abortion ban and would not appoint state prosecutors who agreed to enforce the law.

Milwaukee County District Attorney John Chisholm and Dane County District Attorney Ismael Ozanne vowed to not criminalize abortions for Wisconsin doctors.

Winnebago County District Attorney Eric Sparr said in an email it is "impossible" to go into hypotheticals of how the county would handle any potential charges related to the abortion ban.

Sparr added the Department of Justice has been giving some guidance to district attorneys' offices.

Dane County Sheriff Kalvin Barrett also said his office would not investigate possible violations of the state's abortion ban.

"The Dane County Sheriff’s Office does not have the resources nor expertise to investigate medical professionals conducting medical procedures in medical facilities," he said in a statement.

Contact Sophia Voight at 920-993-7102 or svoight@postcrescent.com. 

Contact Bremen Keasey at 920-570-5614 or bkeasey@gannett.com. Follow him on Twitter at @Keasinho

Audrey Umnus, right, leads a march along College Avenue to protest the overturning of Roe v. Wade on July 4, 2022, in downtown Appleton, Wis. Audrey helped organize the event.
Audrey Umnus, right, leads a march along College Avenue to protest the overturning of Roe v. Wade on July 4, 2022, in downtown Appleton, Wis. Audrey helped organize the event.

This article originally appeared on Oshkosh Northwestern: Abortion ban in Wisconsin should be low priority: Winnebago official