Lebanon signs stipulation not to enforce abortion ban; may amend ordinance
May 27—A day after Lebanon marked the first year of its controversial "Sanctuary City for the Unborn" ordinance that banned abortions, city officials agreed to a stipulation of non-enforcement of the ordinance.
The stipulation also signaled that the city will amend its law that criminalizes those who assist people in accessing abortion care.
The Sanctuary City for the Unborn ordinance makes it unlawful to provide or aid an abortion within city limits, which includes providing money, transportation or instructions for an abortion. Anyone convicted of the misdemeanor offense faces up to to six months in jail and a $1,000 fine. Lebanon has had no arrests, and the city has no abortion services providers.
On May 11, the National Association of Social Workers and Women Have Options — Ohio, represented by the ACLU of Ohio and Democracy Forward, filed a federal complaint challenging the ordinance in the U.S. District Court in Cincinnati.
Late Thursday, the American Civil Liberties Union of Ohio released a statement about the stipulated agreement that said the the city will amend its ordinance and will not enforce the ordinance against those challenging the ban.
The case, National Association of Social Workers et al. v. City of Lebanon, Ohio et al., was the first challenge to an abortion ban filed since a draft Supreme Court opinion was leaked suggesting that the Court is poised to overturn Roe v. Wade and Planned Parenthood v. Casey. Although Roe and Casey remain valid law, this legal challenge does not depend on that precedent, and argues that the Lebanon ban violates other federal and state constitutional principles.
Represented by the ACLU of Ohio and Democracy Forward, the National Association of Social Workers and Women Have Options — Ohio have challenged the Lebanon ban as a violation of constitutionally protected rights to due process and freedom of speech, as well as the Ohio constitution. The ban, which is part of a movement to bar abortion in cities and counties throughout the nation, is one of nearly 50 in the country and the first to be adopted in Ohio.
"When we sued the city of Lebanon in early May to stop their unlawful abortion ban, they had a choice: defend the ban in court or not. Today, we heard them loud and clear: they have no defense," according to the news release issued from the ACLU.
"For now, the members of NASW and the abortion care advocates at WHO/O — and others who work with them — can continue to do their important work without fear of being criminalized by the ban. Still, no one should have to worry about running afoul of this vague and potentially sweeping law.
"Our legal challenge shows how antidemocratic abortion bans like this extend beyond the rights prescribed by Roe and Casey. In this case, the ban violates the due process and free speech rights of Lebanon's residents, social workers, abortion care advocates, and many others across the state."
The organizations said they 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. They also said their lawsuit will continue until people's rights are fully protected.
Lebanon Mayor Mark Messer and city Law Director Mark Yurick could not be reached for comment late Thursday afternoon.
