HomeMy WebLinkAbout22-1275RESOLUTION NO. 22-1275
A RESOLUTION OF THE CITY OF DENTON AFFIRMING THE RIGHTS OF INDIVIDUALSTO MAKE PRIVATE REPRODUCTIVE DECISIONS AND DEPRiORiTiZrNG USE OF CITY
RESOURCES FOR INVESTIGATION OR ENFORCEMENT OF LAWS RELATED TO
REPRODUCTIVE HEALTHCARE; AND DECLARING AN EFFECTIVE DATE.
WHEREAS, the City of Denton honors the right of pregnant persons to bodily autonomy
and control over their private medical decisions; and
WHEREAS, access to safe and legal abortion is a major factor in the long-term health,
safety, and quality of life of pregnant people; and
WHEREAS, the Supreme Court of the United States has overturned the landmark ruling,
Roe v. Wade, which previously prevented individual states from directly banning such care; and
WHEREAS, on June 16, 2021, Texas Governor Greg Abbott signed into law HB 1280, an
indiscriminate criminalization of abortion at the level of a first-degree felony, carrying a sentence
of up to 99 years in prison, with no exceptions for rape and incest, which Act will take effect
statewide 30 days after Roe v. Wade is overturned; and
WHEREAS, people have a basic human right to medical treatment, up to and including
abortion; and
WHEREAS, eliminating legal access to abortion has been empirically proven to
dramatically increase the risk of death, bodily injury, and infertility, while doing little to reduce
the incidence of abortion; and
WHEREAS, the resources of the City must always be dedicated to the health and wellbeing
of its residents; and
WHEREAS, in the 1973 Roe v. Wade majority opinion, Supreme Court Justice Harry
Blackmun stated, “[The] right of privacy, whether it be founded in the Fourteenth Amendment’s
concept of personal liberty and restrictions upon state action, as we feel it is, or, as the District
Court determined, in the Ninth Amendment’s reservation of rights to the people, is broad enough
to encompass a woman’s decision whether or not to terminate her pregnancy:” and
WHEREAS, the right to privacy should protect doctors, patients, and all others involved
in care from any criminal investigation, as long as those decisions occur without coercion, force,
or negligence; and
WHEREAS, equitable access to abortion care requires financial and logistical support,
most often provided by abortion funds and practical support organizations who have been targeted
for providing these services; and
WHEREAS, the City has a responsibility to protect its residents from any violation of theirhuman rights and any prosecution for the free exercise thereof; NOW THEREFORE;
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES:
SECTION 1. The City of Denton formally condemns any action intended to abrogate the
fundamental liberties of its people and affirms its commitment to protecting people’s right to make
reproductive health decisions for themselves and their families, including abortion care.
SECTION 2. It is the recommendation of this City Council that, except to the extent
otherwise required by state or federal law, City funds will not be used to:
1. Store or catalog any report of abortion, miscarriage, or any other event that could
be prosecuted as a violation of state law criminalizing pregnancy outcomes;
2. Provide information to any other governmental body or agency about pregnancy
outcomes, unless such information is provided to defend the patient’s right to
reproductive care, including abortion care, or the healthcare provider’s right to
provide such care; and
3.Conduct surveillance or collect data or other information related to any individual,
organization, location, vehicle, action, financial record, or internet activity for the
purpose of determining whether an abortion has occurred, except for the collection
of aggregated data without personally identifying information or personal health
information for purposes unrelated to criminal investigation, enforcement, or
prosecution. It is the intention of the City of Denton that this does not apply in cases
of conduct that is criminally negligent to the health of the pregnant person seeking
care or where coercion or force is used against the pregnant person.
SECTION 3. It is the further recommendation of this City Council that, except to the
extent otherwise required by state or federal law, investigation of or support for the prosecution of
any allegation, charge, or information relating to a pregnancy outcome or any party thereto will be
the lowest priority for enforcement and the use or assignment of resources and personnel, except
in cases of conduct that is criminally negligent to the health of the pregnant person seeking care,
where coercion or force is used against the pregnant person, or where the pregnancy outcome is
not the crime being investigated but evidence of another crime, such as sexual assault.
SECTION 4. The City Manager is directed to take appropriate steps to implement this
resolution and to provide an oral presentation and written report to Council on the implementation
of this resolution, including changes to policies and procedures, by August 16, 2022, and to provide
a written report to Council on the implementation of this resolution by July 29, 2022.
SECTION 5. The City Manager may return to the council for authorization of any needed
clarifications or changes in the event of future changes to federal law, state law, or technology thataffect this Resolution.
SECTION 6. This Resolution shall become effective immediately upon its passage and
approval.
AThe motion to approve this Resolution was made by karl_ he_ and
seconded by Vi &G 13 qrA , the Resolution was passe-a and approved
by the following vote U_ - Z] :
Aye
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Nay
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Abstain Absent
Gerard Hudspeth, Mayor:
Vicki Byrd, District 1 :
Brian Beck, District 2:
Jesse Davis. District 3 :
Alison Maguire, District 4:
Brandon Chase McGee. Place 5 :
Chris Watts, At Large Place 6:
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PASSED AND APPROVED this the 28+ day of ='1,Ln e . 2022.
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ATTEST:
ROSA RIOS, CITY SECRETARY b\11111111
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APPROVED AS TO LEGAL FORM:
MACK REINWAND, CITY ATTORNEY