Lebanon agrees not to enforce parts of its abortion ban in response to lawsuit

Erin Glynn, Cincinnati Enquirer
·3 min read
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This story has been updated to include comments from Lebanon's city attorney and lawyers with the American Civil Liberties Union of Ohio. 

Lebanon has agreed to amend sections of its abortion ban ordinance and not to enforce parts of the ban, a Thursday court filing shows.

The city north of Cincinnati has agreed not to enforce the sections of the ordinance that prohibit providing transportation, instructions or money for an abortion, a "stipulation" filed in federal court Thursday shows. The city also will not enforce the section that makes it illegal to provide “abortion doula” services.

Mark Lee Dickson, the executive director of Sanctuary Cities for the Unborn, said in a statement Thursday night Lebanon's abortion ban remains in effect and will be enforced and vigorously defended."

"The city council will be strengthening and expanding the ordinance in the coming weeks," Dickson said.

Lebanon, a city of 20,841, last May became the first in Ohio to ban abortions.

The American Civil Liberties Union of Ohio and Democracy Forward filed a lawsuit on May 11 over the ordinance, which makes it illegal to provide or aid an abortion within city limits, including providing money, transportation or instructions for an abortion.

Violating the ban is a misdemeanor, punishable by up to six months in jail and a $1,000 fine.

There are no abortion clinics in Lebanon.

A rally to protest Lebanon's abortion ban was held May 24 outside Lebanon City Hall, organized by Planned Parenthood of Ohio, the American Civil Liberties Union of Ohio, Women Have Options and the Warren County Democratic Party.
A rally to protest Lebanon's abortion ban was held May 24 outside Lebanon City Hall, organized by Planned Parenthood of Ohio, the American Civil Liberties Union of Ohio, Women Have Options and the Warren County Democratic Party.

City Manager Scott Brunka told The Enquirer on Tuesday that no one has been fined under the ordinance since it was passed.

The ACLU claimed Lebanon's ordinance is too vague and sweeping and violates residents' rights to due process and free speech. The lawsuit was filed on behalf of the National Association of Social Workers and Women Have Options, an Ohio organization that provides money, transportation, housing and other support to people seeking abortions.

The ordinance makes it illegal to coerce a pregnant mother to have an abortion against her will and to possess or distribute abortion-inducing drugs in Lebanon. These sections can still be enforced.

The ACLU of Ohio said in its release that the lawsuit will continue "until people’s rights are fully protected."

"We will remain vigilant and monitor how Lebanon attempts to address the ways in which its extreme abortion ban violates the U.S. and Ohio constitutions," Celina Coming, ACLU of Ohio communications director, said in the released.

Lebanon City Attorney Mark Yurick said the city will not enforce the ordinance against the plaintiffs while the city tries to clarify particular sections of the ordinance.

“The stipulation is written broadly enough that it should apply to the plaintiffs as well as many groups of people related to them. So functionally most people in Lebanon, if not all of them,” Elena Thompson, an ACLU of Ohio lawyer, said.

However, in theory the ordinance could still be enforced against people who violate it and are not associated with Women Have Options or the National Association of Social Workers, according to Jessie Hill, another lawyer with the ACLU of Ohio.

Yurick said enforcement would depend on whether a person's help or guidance for someone seeking an abortion was protected by the First Amendment.

A Supreme Court opinion draft by Associate Justice Samuel Alito leaked in early May suggests the court is considering overturning Roe v. Wade, which stood for decades as the legal precedent granting abortion access in the United States.

Erin Glynn is the watchdog reporter for Butler, Warren and Clermont counties through the Report For America program. The Enquirer needs local donors to help fund her grant-funded position. If you want to support Glynn's work, you can donate to her Report For America position at this website or email her editor Carl Weiser at cweiser@enquirer.com to find out how you can help fund her work. 

Do you know something she should know? Send her a note at eglynn@enquirer.com and follow her on Twitter at @ee_glynn.

This article originally appeared on Cincinnati Enquirer: Lebanon abortion ban to be amended in response to ACLU lawsuit