City Council advances legislation to preserve abortion access in Pittsburgh

Pittsburgh City Council on Wednesday advanced legislation that aims to preserve abortion access in the city after a recent Supreme Court decision determined Americans do not have a constitutional right to abortion.

City Councilman Bobby Wilson sponsored three pieces of legislation that aim to ensure abortion access is not restricted in Pittsburgh, even if it is banned or restricted at a state or federal level.

If the commonwealth or country bans abortion, the first bill would instruct the city’s police department to deprioritize enforcement of crimes related to abortion.

The second measure would regulate “deceptive advertising” by crisis pregnancy centers in the city.

The final piece would attempt to shield abortion providers in Pittsburgh from out-of-state investigation or prosecution for providing abortion services that are legal in Pennsylvania.

Council members unanimously voted to make minor amendments to each piece of legislation. Amendments approved Wednesday added an explanation to outline why the measure barring deceptive advertising from pregnancy crisis centers fits into the city charter’s requirement that council works to “ensure the health and wellness of our citizens” and clarified portions of the bills, including defining abortion.

“We are making the bills as strong as we can,” Wilson said. “At the end of the day, we’re doing something here in the city of Pittsburgh to do everything we can to protect reproductive health care.”

While all council members seemed generally supportive of the concept, some voiced concerns about potential legal issues that could arise from the measures.

Council President Theresa Kail-Smith said she wanted to see a written opinion from the law department before a final vote. She specifically highlighted concerns that the city could be sued for the measure restricting deceptive advertising from crisis pregnancy centers.

Jay Gilbert and his wife Tiffany, who operate a crisis pregnancy center in Mount Washington, told council members they would sue if the measure passed.

“Anybody who says they’re pro-choice should never be afraid of educating people on their options,” Gilbert said. “That’s what we do.”

Councilman R. Daniel Lavelle said he was concerned with the fact that the legislation offered no definition of “deceptive advertising.”

The measure only applies to situations where “someone is deceiving someone,” and doesn’t impact crisis pregnancy centers that do not do so, said Greer Donley, a law professor at the University of Pittsburgh.

Lavelle also voiced concerns that the measure had no enforcement mechanism.

Councilman Anthony Coghill questioned whether the law deprioritizing enforcement of crimes related to abortion.

Wilson compared it to similar legislation approved in Pittsburgh that deprioritized enforcement of crimes regarding possession of small amounts of marijuana. Donley said the measure would not violate preemption laws — laws that prevent cities from contradicting federal or state laws — because it does not try to legalize something the state may bar, but rather deprioritizes enforcement of that law.

The city has not been able to implement gun regulations that City Council had passed in the wake of the Tree of Life shooting because of preemption laws.

Pro-choice experts have voiced support for the measures, which, they say, are necessary to ensure abortion remains accessible in the city and abortion providers can continue their work without fear of prosecution.

“We’re likely to see a lot of out-of-state residents in our city,” said Sue Frietsche, who explained that experts anticipate people from neighboring Ohio and West Virginia will flock to Pennsylvania for abortions as their states are expected to restrict abortion access. “Our providers are willing and able to provide this care, but they should not have to risk their freedom and their livelihood.”

Council members unanimously approved the bills that aim to protect abortion providers from out-of-state prosecution and deprioritize enforcement of abortion-related crimes if the state or country outlaws abortion.

Kail-Smith, Lavelle and Coghill abstained from the vote on the measure to regulate deceptive advertising from pregnancy crisis centers, citing legal concerns.

All three measures will appear on Tuesday’s agenda for a final vote.

Similar measures are also in front of Allegheny County Council.

This comes as Gov. Tom Wolf on Tuesday said he would not cooperate with requests from other states to arrest or detail anyone traveling to Pennsylvania for abortion services. Meanwhile, the state legislature is looking to amend the Pennsylvania Constitution to assert it does not protect abortion access.