On Monday night, November 7, the all-male board of city commissioners in Hobbs voted unanimously (7-0) approving an ordinance that requires abortion providers conducting business within the Hobbs City Limits to operate “following federal law” as a pretense for preventing abortion clinics from operating in the city.
The federal law in question is notably unenforceable, a fact the commission and attorneys for the city seemed unwilling to address. According to legal experts, the ordinance will open the City of Hobbs up to legal liability.
The ordinance does not prohibit abortion clinics from operating in Hobbs. What it attempts to do is “prohibit the use of abortion-inducing medication and educational material” by citing a remnant of outdated “obscenity laws”. Hobbs is the first city in the state to approve an ordinance to limit a woman’s right to reproductive healthcare.
The city commission of Clovis, a New Mexico town near the Texas border, last week considered a similar ordinance. After review Clovis commissioners decided to table the proposed ordinance upon the advice of seven legal experts. Although all eight members of the Clovis city commission are on record as saying they want to ban abortions, seven voted against the proposed ordinance seeking “…language to better protect against litigation.”
Public Comment
During the time slot designated for public comment at Monday evening’s meeting, pro-life advocates spoke to Hobbs commissioners in favor of their passing the ordinance. Others pointed out concerns and suggested that commissioners research the matter more thoroughly before making a decision.
Area resident Clayburn Griffin spoke “about the danger of passing this irresponsible ordinance.” Griffin stated that the ordinance is a “political stunt” spearheaded by a lobbyist from East Texas whose goal is to rile local folk up about a controversial topic. He mentioned that the ordinance will cost taxpayers money, will not hold-up in court and may even provide pay-backs to the abortion clinic that supporters of the ordinance are trying to prevent from locating in Hobbs.
Griffin said that the lobbyist is manipulating the passion of both Hobbs’ pro-life community and City of Hobbs commissioners. He stated that the ordinance “…will not give the pro-life crowd their intended goals” but will open up the City of Hobbs to “immense legal risk and liability.”
Griffin reminded the public that, “the ordinance does not ban abortion”. He stated, “The ordinance most likely won’t even succeed at preventing abortion clinics from coming to Hobbs.” He went on to say that the ordinance is based on “shaky legal grounds,” requiring abortion providers to operate in accord with an obsolete federal law. Griffin quipped, “Everybody has to abide by federal law”.
Griffin further commented that the federal law in question is “unenforceable” because it’s a hold over of obscenity laws from the days when it was unlawful to send things considered “obscene” through the mail. Griffin stated, “It’s since been ruled that these laws can only apply to items which themselves are illegal.” Griffin noted that “abortion medication is not illegal” and that it is approved by the Federal Drug Administration (FDA).
Pastor Stephen Helmreich of Trinity Lutheran Church in Hobbs was next to take the podium. Pastor Helmreich did not come forward as being either for or against abortion. He simply commented about his confusion regarding the ordinance. The pastor stated that the ordinance does not “approach the issue of abortion” and that it seems to repeat something that already exists in federal law. “It really talks about putting things in the mail and using common carriers,” he said, suggesting that commissioners table the ordinance and research the topic more deeply before making a decision.
Most people speaking up in favor of the ordinance made abortion the basis of their argument, which this ordinance does not prohibit. “Abortion is wrong; it’s taking a life,” one public commenter said, expressing his support for the ordinance.
Religion was also a main theme throughout the comments in support of the argument, with several speakers reading from scripture.
Whole Woman’s Health
NM State Senator David Gallegos was in attendance to speak in favor of the ordinance as well. Senator Gallegos explained that the pro-life community started working on this ordinance in July specifically to prevent Whole Woman’s Health (WWH) from relocating to Hobbs. “A lot of effort was put into this,” he explained.
The cry for the ordinance emerged after the Texas abortion provider announced its desire to open an abortion clinic in southeastern New Mexico. WWH’s interest in Lea County peaked after being forced to close its Texas clinics as a result of Texas near total ban on abortion and the US Supreme Court’s decision striking down Roe vs Wade.
According to an article posted at CanberraTimes.au, although WWH has been considering opening a clinic in Hobbs, the passage of the new ordinance on Monday night is giving the organization a time for “pause”.
Both sides expect a protracted legal battle to follow, and could be further complicated should WWH decide to move forward with plans to set up in Hobbs. As Griffin mentioned during his time for public comment, it is illegal for the city government to target a specific business. This could give WWH grounds to sue the city if they are denied a business license under this new ordinance.
Ultimately it will be a matter for the courts to decide. While the City Commission expressed confidence in its city attorneys, Griffin did put forth a question toward the end of the debate, asking the Commission how many outside legal experts it conferred with and what were their views on the legal risk involved in passing this ordinance. As the Commission is not required to answer public comments, the Commission declined to address Griffin’s concerns.
Abortion Is Legal in New Mexico
Abortion is legal in New Mexico, and ordinances like the one passed in Hobbs do not have the ability to prohibit abortion providers from operating within New Mexico cities or counties.
About the Hobbs’ ordinance New Mexico Governor Michelle Lujan Grisham told Reuters that it is “a clear affront to the rights and personal autonomy of every woman in Hobbs and southeastern New Mexico, and we will not stand for it.”
Lujan Grisham emphasizes that “reproductive healthcare is legal and protected in every corner of our state.” The governor adds, “Providers delivering health care have every right to establish a practice, and all women have the right to access medication abortion services, no matter where in New Mexico they call home.”
With the election already underway, reproductive rights is sure to be a top issue on many voters’ minds. While Republican Ronchetti has walked back his position on abortion, the Lujan Grisham campaign has repeatedly called him out as an extremist who would seek to ban all abortion in the state if elected.
Lea County Considering Like Ordinance
According to Lea County Manager Mike Gallagher, at a hearing on December 8 county commissioners will consider an ordinance requiring abortion providers to operate countywide in compliance with federal abortion law. Arguments on both sides of the issue will be presented.
The ordinance is titled the “Federal Abortion Law Compliance Ordinance” and will be publically published, according to state law, 14 days in advance of the hearing.
