New Orleans police, prosecutor, City Council plan to ignore Louisiana abortion ban

Can New Orleans become an island of abortion access in Louisiana, where a near total abortion ban is in place after the state's trigger law took effect?

New Orleans leaders are attempting to position the city as a potential haven for abortion access through City Council resolutions and pledges of not enforcing the law, but Attorney Jeff Landry told USA Today Network abortion providers can't escape prosecution.

Last week the City Council passed a resolution to prohibit public dollars from being used by any law enforcement or investigative agency to enforce the trigger law after Orleans Parish District Attorney Jason previously said he won't prosecute abortion providers.

And on Friday Police Superintendent Shaun Ferguson said his officers won't make abortion-related arrests.

"Through the efforts of the district attorney's office, the City Council and the New Orleans Police Department, I believe we can make New Orleans a welcoming, safe haven for women seeking reproductive freedom," Mayor LaToya Cantrell said.

Attorney General Jeff Landry said he considers such edicts "malfeasance" from elected officials and police.

Landry said his agency's investigators, who have full arresting powers and statewide jurisdiction, will enforce the law.

"I'm not going to divulge our plans, but believe you me we will uphold and enforce the law and those who are breaking it will suffer the consequences," Landry, a Republican, said in an interview with USA Today Network.

More: Louisiana's complete abortion ban is back in place after judge lifts temporary restraining order

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Landry also suggested the Legislature, which passed the trigger law that was signed by Democratic Gov. John Bel Edwards, should consider freezing state funding to New Orleans if its city leaders ignore the law.

Louisiana's 2006 trigger law, which was updated with Democratic Sen. Katrina Jackson's bill this summer, was designed to outlaw abortion immediately upon the Supreme Court's reversal of its Roe v. Wade decision that guaranteed legal abortions.

The state's abortion ban has no exceptions for rape or incest, though it does have an exception to save the life of a pregnant woman.

Louisiana's trigger law carries criminal penalties of up to 15 years for abortion providers, though pregnant women can't be prosecuted.

A New Orleans Civil Court judge temporarily blocked enforcement of the trigger law, but her colleague refused to extend the restraining order Friday, ruling the lawsuit challenging the abortion ban must me filed in Baton Rouge state court.

All three of the state's abortion clinics in Baton Rouge, New Orleans and Shreveport have closed unless or until a new restraining order is issued.

On Friday New Orleans' top policeman issued a statement saying "NOPD officers will not issue summons, make physical arrests, or otherwise enforce violations related to state laws prohibiting abortion."

"Only in the event of extenuating circumstances, such as medical malpractice by a provider or violation of criminal law unrelated to the state abortion statues, would any sort of enforcement be considered," Ferguson said. "Any such potential enforcement action would need the approval of a supervisor at the rank of lieutenant or higher before any action could be taken."

Landry said he wasn't surprised by Ferguson's action, "but it's completely irresponsible."

"I guess you can argue that they aren't enforcing any laws since New Orleans is the murder capital of the country," said Landry, referring to data showing the city is suffering the most murders per capita in 2022. "To have them openly say they aren't going to enforce the law is malfeasance in my opinion."

New Orleans state Rep. Mandie Landry is one of the few Louisiana lawmakers who supports abortion rights, but is concerned city leaders are providing false hope for those seeking access.

"There's no bubble around New Orleans for abortion access," Landry told USA Today Network. "I think its very good policy to be supportive of reproductive rights, but you have to be careful not to mislead the public into believing there is legal abortion access in New Orleans because the city can't preempt state law.

"State Police have statewide jurisdiction and the attorney general's office can prosecute."

Greg Hilburn covers state politics for the USA TODAY Network of Louisiana. Follow him on Twitter @GregHilburn1.

This article originally appeared on Lafayette Daily Advertiser: New Orleans leaders attempt to make city a haven for abortion access