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Clovis introduces abortion-clinic ordinance

Clovis city commissioners talked about tabling a “sanctuary city for the unborn” ordinance but in the end approved introduction of the ordinance unanimously.

Thursday’s action sets the anti-abortion clinic ordinance up for consideration and a vote.

After the meeting, Mayor Mike Morris outlined a timetable for the ordinance.

“Assuming we can meet the publishing requirements, we will have it back Nov. 3 for consideration for final adoption,” Morris said.

Thursday night’s crowd for the special meeting with the single agenda item was estimated at 150 to 175 people. “I have never seen this many people in the commission chamber,” Morris said.

The meeting was called by District 3 Commissioner David W. Bryant. Two commissioners, Helen Casaus and Megan Palla, had told Bryant they would not be able to attend due to previous commitments.

Casaus and Palla’s absences were a point of contention as the session began.

“I have a significant issue with this,” Commissioner George Jones said. “A quarter of our commission isn’t here.”

Jones wanted to table the introduction of the ordinance, which garnered a number of derisive calls from the audience.

District 2 Commissioner Lauren Rowley agreed with Jones. Rowley pointed out that the two commissioners weren’t present and “the two of them are women.”

District 2 Commissioner Gene Porter said he wanted every commissioner present for the introduction of the ordinance.

Porter expressed concern over the “incredible amount of haste” in attempting to push the ordinance through.

“We do not have anyone applying for a business license for an abortion clinic,” Porter said.

Morris said he is “extremely upset” with Bryant for calling the meeting, which commissioners are allowed to do under the city charter.

Bryant said he was sorry Casaus and Palla could not attend the session.

A business license for an abortion clinic and compliance with a “years-old” federal law is the key point of the ordinance City Attorney Jared Morris said before the meeting began.

The ordinance, drawn up by Texas anti-abortion attorney Jonathan F. Mitchell reads: “Federal law imposes felony criminal liability on every person who ships or receives abortion pills or abortion-related paraphernalia in interstate or foreign commerce, ‘18 U.S.C. §§ 1461–62,’ and all such acts are predicate offenses under the federal Racketeer Influenced and Corrupt Organizations Act (RICO).

“The state constitution of New Mexico does not and cannot secure a right, privilege or immunity to act in violation of federal statutes such as ‘18 U.S.C. §§ 1461–62.’”

District 1 Commissioner Juan Garza reminded those gathered the action to be voted on was just an introduction, not a final vote.

Mayor pro tem Chris Bryant agreed with Garza.

Mayor Morris opened the podium for audience comment.

Among those who spoke were Mike Seibel, who said he was an anti-abortion attorney and member of the anti-abortion group “Abortion on Trial.”

Seibel told commissioners that the Supreme Court overturning Roe v. Wade did not send the abortion issue back to the states. “It gave it back to the legislative bodies,” he said.

Seibel called on the commission “as the legislative body of Clovis” to enact the proposed ordinance.

Abortions are legal in New Mexico though no clinics are operating in the Clovis area.

City officials, including Mayor Morris, have expressed concern the city could face legal issues if the ordinance is approved. The governor’s office responded to the issue by email after receiving questions from The News.

“If passed, the proposed Clovis city commission resolution would be a clear affront to the rights and personal autonomy of every woman in Clovis and in the region. New Mexico law is clear – reproductive health care is legal and protected throughout the state,” Nora Sackett, Gov. Michelle Lujan Grisham’s press secretary wrote.

“Access to medication abortion services are legally protected statewide, including for residents of Clovis, and any provider delivering safe medical services to New Mexicans should have every right to establish a practice.”

Clovis resident Laura Wight spoke to commissioners Thursday about the legality of the proposed ordinance.

“City code 1.08.010 says ‘All ordinances have to have been prepared by the city attorney.’ Has he?” Wight said. “Also the public has to be able to see the ordinance for 72 hours before introduction.”

Jared Morris said he did not prepare the proposed ordinance, but that it is in compliance with city code.

Before the matter moved to a vote, Mayor Morris told commissioners and the audience: “I hate that we’re having to deal with this tonight.”

But the mayor also said, “We don’t want to be where abortion happens; we don’t want to be an abortion destination.”

Chris Bryant made the motion to approve the ordinance for introduction, Jones seconded the motion. All six commissioners present voted for introduction of the ordinance.

“Keep in mind we have to work on this in our state,” Mayor Morris said. Morris said if the ordinance passes in Clovis there will likely be a legal battle between the city and state.

New Mexico Attorney General Hector Balderas responded to the report on the Clovis city commission vote, writing in an e-mail in response to questions from The News:

“I am concerned and have directed staff to evaluate this recent activity, due to the city’s legal obligation to protect access to healthcare for women and families.”

 
 
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