CHICAGO (AP) 鈥 An Illinois city on Tuesday banned the mailing or shipping of abortion pills, defying the state's Democratic attorney general and the American Civil Liberties Union, who have repeatedly warned that the move violates Illinois law's protection of abortion as a fundamental right.
The ordinance passed the city council in Danville, near Illinois' eastern border with Indiana, by one vote, a tiebreaker cast by Mayor Rickey Williams.
This is not the first time since Roe v. Wade was overturned that local abortion restrictions have been adopted. Five local governments in Democrat-controlled New Mexico passed them, but the . And last year, a rather than defend them in court.
It's not clear how Danville officials intend to enforce the ordinance. Illinois law has long shielded abortion rights. In 2019, Democratic lawmakers and Gov. J.B. Pritzker went further, specifying that decisions about contraception and abortion are a fundamental right in the state.
The ordinance proposed in Danville followed public reports that an Indiana clinic planned to open a facility in the city, which is about 6 miles (10 kilometers) from the border. Indiana Republicans voted in August to ban abortion, but a legal challenge pending before the Indiana Supreme Court has kept the ban on hold since September.
In a statement released after Tuesday's vote, Ameri Klafeta, director of the Women鈥檚 and Reproductive Rights Project at the ACLU of Illinois, said Danville officials had approved an 鈥渦nlawful and unenforceable ordinance."
"Illinois has explicitly protected the right to abortion in this state, free from governmental interference, and Danville鈥檚 vote today is in clear violation of that law,鈥 Klafeta said. 鈥淲e are evaluating next steps to challenge this unlawful ordinance.鈥
that state law clearly prevented the ordinance's passage and said its approval risked 鈥渃onsiderable legal liability and expenses.鈥
鈥淭he Illinois Attorney General鈥檚 Office will continue to closely monitor the status of the proposed ordinance and stands ready to take appropriate action to ensure that Illinois law, including the Reproductive Health Act, is adhered to by Danville and its elected officials,鈥 Raoul, a Democrat, wrote in the letter dated Monday.
Photos and video footage showed opponents and supporters gathered outside Danville's city hall building and filling the room where council members heard public comments during a four-hour meeting ahead of the tight vote.
Mark Lee Dickson, who oversees the Texas-based Sanctuary Cities of the Unborn organization, was among the supporters inside the council chambers for the vote, according to the . The organization has focused on pushing cities nationwide to ban abortion and was previously tied to 2021 efforts to do so in four Ohio cities.
Supportive members of the council amended the proposal Tuesday 鈥 adding that it would only take effect 鈥渨hen the city of Danville obtains a declaratory judgment from a court that it may enact and enforce鈥 the ordinance, according to the .
The city's corporation counsel, though, warned that change would not shield the city from legal action.
