HOUSTON, Texas–A year after Wendy Davis’ famous filibuster, pro-life organizations are celebrating a federal court decision this week that struck down as unconstitutionally vague a 2010 Austin city ordinance aimed at pro-life clinics. The ordinance required pro-life centers to display signs at the entrance of the clinic. The signs were required to state that the clinic did not provide medical procedures such as abortions.
The signs also had to state that the clinic was not licensed to offer ultrasounds even though the law does not require a facility to have a license, and there were doctors who worked at the clinic. The ordinance provided for the imposition of fines for failing to post the signage.
The Austin City ordinance only applied to organizations that provide counseling about pregnancy but not abortion. The City calls the clinics “Limited Service Pregnancy Centers.” The City does not require abortion clinics to post signs that say that the clinic does not provide counseling for non-abortion options.
Austin LifeCare filed suit against the City of Austin with the legal assistance of the Alliance Defense Fund and other pro-life organizations. The Federal Court ruled that the Austin City Code ordinance was void for vagueness. The Court enjoined the City of Austin from enforcing the provision. Pro-life groups say that the Texas affiliate of NARAL, a national pro-abortion organization, was behind the ordinance, and the national organization is behind similar ordinances in other states.
The Federal Court ordered that Plaintiffs Austin LifeCare Inc., the Roman Catholic Diocese of Austin, Catholic Charities of Central Texas, Austin Pregnancy Resources Center, and South Austin Pregnancy Resource Center, may recover their costs of court from the City of Austin. Any claim for attorney’s fees will be determined at a later date.
According to KXAN-TV in Austin, “What it says to us is the fight for women’s reproductive health is not over and that those facilities that receive public funds should be transparent about services they’re providing and not providing,” said Austin City councilman Mike Martinez. “Almost one year to the day Senator Wendy Davis’s filibuster over reproductive healthcare rights for women, and now we get this ruling this week.”
Courts around America have been striking down such ordinances but similar cases in other cities are still pending. If the City appeals, the pro-life organization will keep fighting the legal battle.
Follow Lana Shadwick on Twitter @LanaShadwick2.
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