Pittsburgh City Council gave its preliminary approval to a package of bills that would protect abortion rights within city limits, though some members shared concerns about legal challenges. A final vote is expected next week.
The three bills, introduced by Councilor Bobby Wilson, came in response to the Supreme Court decision overturning Roe v. Wade. That decision didn’t have an immediate impact in Pennsylvania, where abortions are still legal up to 24 weeks of pregnancy, but Wilson characterized his bills as protective measures against future attempts to limit abortions in Pennsylvania and for people coming from out of state to receive care.
One bill would shield health care providers who perform abortions from out-of-state prosecution. Another works as a “trigger law” that would instruct police to “deprioritize” the enforcement of abortion-related crimes, should the procedure be banned nationwide or in Pennsylvania. The third bill would prohibit deceptive advertising by “pregnancy crisis centers" that provide reproductive health services but often seek to discourage patients from seeking abortions.
Wilson on Wednesday introduced amended language to the bills that largely focused on clearly defining terminology. The language also clarified that if a ban on abortion is enacted and the trigger law comes into play, police would still be instructed to enforce a 2005 city ordinance that prohibits picketing within 15 feet of medical facilities that provide abortions.
Council heard from experts in reproductive health care law on Wednesday who said while Gov. Tom Wolf has vowed to protect abortion rights in Pennsylvania, Wilson’s bills are needed to fill potential “gaps.”
Council unanimously affirmed the shield law and trigger law, but some members hesitated to give preliminary approval to the measure prohibiting deceptive advertising.
Anticipating legal challenges, Council President Theresa Kail-Smith said she intends to request written approval from the city law department before voting to approve the bill.
“I think the bottom line is that we want to make sure the bills are strong enough” to withstand a lawsuit, Kail-Smith said.
Councilors Anthony Coghill and Daniel Lavelle argued for a need to clearly define “deceptive” in the legislation. Lavelle also questioned how the city would punish those who are proved to be deceiving patients.
All three council members abstained from voting on the deceptive advertising bill Wednesday. Councilors Erika Strassburger, Bruce Kraus, Deb Gross and Bobby Wilson voted to approve the measure. Council unanimously voted in favor of the other two bills.
The founders of an East Liberty pregnancy center spoke against the bill during a council meeting earlier this week. Tiffany Gilbert and her husband J. Anthony Gilbert founded Voices for the Unborn Pregnancy Center in East Liberty. They also serve as pastors of a church on Mount Washington.
Tiffany Gilbert characterized the deceptive advertising bill as an attack on pregnancy centers like hers.
“There are many laws already in place to restrict deceptive advertising. We are not violating any of these laws,” she said. “This type of legislation… will ultimately tear down, destroy and misplace many of the community members.”
According to the Voices for the Unborn website, the center’s mission is to “aid in providing an alternative” to people experiencing unplanned pregnancies “through assistance, education and empowerment.” Gilbert said Tuesday that council should expect a lawsuit if the measure passes.
Wilson told WESA Tuesday that the bill doesn’t prevent people from sharing their opinions on abortion. “They can say that in their church, but when someone’s seeking out health care, it’s wrong,” Wilson said, adding that only those who lie to their patients and customers should be worried about the restrictions.
“This is not limiting anyone’s right to espouse a personal opinion about abortion or any other issue,” Councilor Erika Strassburger said Wednesday. “What we are doing today is preventing establishments who hold themselves to be medical counseling services from providing false information to patients in need.”
Strassburger argued the bills are critical as the GOP-controlled Pennsylvania legislature has recently advanced an attempt to amend the state constitution and potentially roll back state protections for abortions.
“Starting that process makes this set of bills even more urgent and even more timely,” Strassburger said.
Wilson told WESA that if a state constitutional amendment comes to pass, council could be moved to take further action.
“This is uncharted waters,” he said. “We’ll have to see what happens with the state… That might prompt us to write some more legislation.”
Council will take a final vote on the bills on July 19.
