Teddy HarrisWhen Rossville council members gave preliminary approval to an ordinance that would ban abortion in the Georgia city, they moved to pass a measure that experts say is likely unconstitutional.
The ordinance, which on Monday passed its first of two readings, reads, "It shall be unlawful for any person or organization to offer ... abortion services within the limits of the City of Rossville," and adds, "it shall be unlawful for any person or organization to advertise by newspaper, sign board, or otherwise within the limits of the City of Rossville, that the individual or organization does endorse or practice abortion services."
The ordinance would allow abortions if a doctor performs them in a hospital, the woman's life is threatened and the fetus is deemed unable to live outside the womb.
There is no hospital or abortion clinic in Rossville.
William Lee, a communication law professor at the University of Georgia, said the proposed ordinance is "unbelievable."
"That's completely unconstitutional," he said. "There's no way that either of these aspects of this law are constitutional."
He said the outright banning of abortion would violate the landmark 1973 Roe v. Wade U.S. Supreme Court ruling, and the ban on endorsing abortion practices is an infringement on free speech guaranteed in the First Amendment.
Roe v. Wade extended the constitutional right to privacy to include a woman's right to decide whether to have an abortion.
"People have a right to express their views on terminating pregnancies, and that endorse provision [of the ordinance] is particularly troubling, because apparently the city would not go after people who said abortion is sin or abortion is wrong," Lee said. "That's what's called viewpoint discrimination."
Nora Spencer, vice president of external affairs for Planned Parenthood Southeast, also said the proposed ordinance is unconstitutional, citing Planned Parenthood's legal team.
"It is outrageous and patently unconstitutional for the city to seek to deny women access to safe, legal abortion under the thin guise of avoiding 'drama' or preserving the public peace," she said via email.
She added in an interview, "A woman's rights shouldn't depend on her ZIP code."
Lee and Spencer both said that if the ordinance is passed into law at the council's next meeting on Dec. 8, it would likely stand unless challenged in court. Lee said if that happens, it would be an easy win.
"Good luck getting a judge to enforce this," Lee said.
Rossville Mayor Teddy Harris said via email that he is having the city's attorney review the ordinance.
"If in his opinion it is [unconstitutional] the ordinance will be changed," Harris said.
Contact staff writer Hannah Smith at hsmith@timesfreepress.com or at 423-757-6731.