Allentown abortion ordinances in limbo
City Council members worry about legal challenges
Allentown City Council members may never vote on a series of ordinances designed to protect the right to abortion because they fear the city cannot afford to defend them in court.
“It’s on hold, it’s tabled,” said council member Candida Affa, a co-sponsor of the ordinance. “There’s nothing on the agenda or the schedule for now, it’s just been tabled.”
Council members first considered four ordinances in August that would take the following measures:
Establish a “buffer-zone” that would mandate protesters stay 15 feet away from hospitals or clinics while demonstrating, aiming to limit anti-abortion advocates’ ability to picket near clinics.
Order city officials to not cooperate with any out-of-state criminal abortion investigations without a court order.
Restrict “deceptive advertising practices” of crisis pregnancy centers, which aim to persuade pregnant people to not get abortions by highlighting rare health complications.
Order the police department to “de-prioritize” enforcement of abortion bans, should one pass in Pennsylvania.
That August meeting brought over 100 members of the public who spoke both for and against the measures, which are modeled on similar ordinances passed in Pittsburgh this summer.
Council voted 5-2 to refer the ordinances to a September meeting for a final vote. But council President Cynthia Mota and Vice President Ed Zucal elected to remove them from the agenda at the time, citing legal concerns.
Jon Merwath, executive director of crisis pregnancy center Bright Hope, has vowed to sue the city over the deceptive advertising ordinance, which he said unfairly targets his organization.
The two ordinances that direct city employees’ response to abortion bans also
could be vulnerable to legal challenges because of the lack of a legal precedent for such laws. Pittsburgh is believed to be the first city to pass a law precluding city officials from assisting in criminal abortion investigations when the city passed a similar law in July. Allentown could become the second if the ordinance passes.
Primary sponsor Josh Siegel said he would re-introduce the ordinances “some time in October,” but has not yet done so.
Siegel, who did not return calls requesting comment, won his bid for state representative in the 22nd district last week and will take office in January. City council will soon start accepting applications to fill his vacant seat, but has not yet announced a timeline.
Kathleen Hoke, eastern region director for the Network for Public Health Law, said council members have good reason to worry about lawsuits and legal fees. Anti-abortion advocacy groups tend to be wellfunded and can support lengthy, expensive litigation against city-backed ordinances.
“Pittsburgh has more resources than Allentown,” Hoke said. “It is absolutely a legitimate concern for a city or county council to say, ‘We want to do this, but there is a high likelihood that we are going to get sued, so we are going to wait [to see] if we have the funds to support litigation.’ ”
She suggested city council reach out to pro-choice advocacy groups that offer legal support. City council has worked with the Women’s Law Project on the ordinances, members said. A message to the Women’s Law Project media contact seeking comment was not returned.
Even though the fate of the four ordinances is unknown, council members affirmed their support for protecting reproductive rights.
“The issue of protecting those with female organs is not going away,” Ce-Ce Gerlach said. “It’s just a matter of making sure that we are working with statewide and nationwide partners so that anything we pass would hold up in court.”
The only legislation city council has passed related to the U.S. Supreme Court’s Dobbs decision, removing the constitutional right to an abortion, is a resolution that condemns the decision and recommends the city cover travel expenses for employees seeking abortion in case the procedure is banned in Pennsylvania. Abortion is currently legal at up to 24 weeks in Pennsylvania.