Submitted by: Sam Denes
Submitting Department: Legislative
Agenda Section: Discussion
Item Title:
title
Hyattsville Bodily Autonomy Act
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Suggested Action:
recommendation
FOR DISCUSSION, SUGGESTED MOTION LANGUAGE BELOW:
I move that the Mayor and Council authorize the City Attorney to draft an ordinance establishing Hyattsville as a City which protects bodily autonomy for women seeking abortions and other reproductive health care and health care providers providing abortions and women’s health care services, as well as individuals receiving gender affirming care and people providing gender affirming care and other gender affirming care services: establishing the right to seek and provide reproductive and gender affirming care as a protected non-discrimination class and prohibit law enforcement employed and managed by the City of Hyattsville from sharing information about women’s health care and health care procedures and people giving and receiving gender affirming care with other local, state and national law enforcement bodies.
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Summary Background:
On June 24, 2022, the Supreme Court of the United States issued an opinion in the case of Dobbs v. Jackson Women’s Health Organization establishing that the Constitution does not confer a right to abortion and overturning decisions (Roe v. Wade, 1973 and Planned Parenthood v. Casey, 1992) establishing prior jurisprudence which affirmed a constitutional right to an abortion for women seeking reproductive health care.
This decision has had impacts on women’s right to access reproductive health care nationwide. Abortion is now outright illegal in 13 states, access to abortion is restricted in another 13 states and there are no express legal protections for abortion in another 3 states.
Many women seeking access to care have not only travelled hundreds of miles to receive it but have also been threatened with violence by citizens outside abortion clinics and arrest by local and state law enforcement agencies. Many abortion providers have also faced the same type of threats of violence and arrest.
Additionally, 22 states have laws on the books that restrict the activities trans individuals can participate in, the services they can receive and administers punishments for trans people and those providing gender affirming care up to and including arrest and imprisonment.
This ordinance would ensure that people fleeing these types of situations and coming to Hyattsville would be considered a non-discrimination protected class and that the Hyattsville Police Department would not share information or cooperate with any law enforcement agency seeking to prosecute women who have sought abortions, women who have received abortions and abortion providers, as well as individuals who have sought, received and provided gender affirming care and gender affirming care services.
Anticipated Staff Resources Required to Implement:
Assistance will be needed to conduct the following activities:
1. Reviewing current law enforcement documentation to ensure that any records or reports from calls related to women’s health care and gender affirming care access and procedures are stored in compliance with all applicable local, state and federal HIPAA laws and regulations.
2. Reviewing current relationships with other law enforcement bodies to determine what types of information are shared with other law enforcement bodies upon request.
3. Possibly changing forms, procedures, communications and record keeping, ensuring that the privacy of women’s reproductive health care and gender affirming care providers and patients is protected and that any cooperation agreements with other law enforcement bodies for these protected classes are severed.
4. Updating the non-discrimination ordinances to ensure that there is explicit language protecting women who have had reproductive health care procedures and those who have provided gender affirming care and gender affirming care procedures against all forms of systemic discrimination. This also may trigger updates to forms and require new training procedures.
5. Update training for staff who are the most likely to interact with individuals seeking, receiving and providing gender affirming care and/or abortions to ensure that they are receiving training that is trauma aware and informed.
Next Steps:
Council discussion. Should Council wish to move forward with this item, a motion to authorize the City Attorney to proceed with legal review and drafting will be scheduled for an upcoming Council meeting. The drafted ordinance will return to Council for review and discussion before progressing to 1st/2nd readings and adoption. Ordinances are typically effective 20 days post adoption.
Fiscal Impact:
TBD - staff believes there will be minimal fiscal impact beyond legal fees for the review and drafting of the ordinance.
City Administrator Comments:
Staff is supportive of this proposal. Similar legislation was adopted at the State level in July 2023. The State legislation does not preclude the City from adopting its own ordinance.
Initial feedback from staff is summarized below. Much of these recommendations were incorporated into the draft legislation, as noted below.
- Staff recommended aligning the proposed annual reporting requirement to be consistent with the existing requirement for the City’s non-intervention (Sanctuary City) ordinance. (Recommendation incorporated into draft)
- Staff noted that in many cases, legislation such as the Maryland Public Information Act (MPIA) or the Health Insurance Portability and Accountability Act (HIPPA) control what information is allowable for release upon request.
- Equity Officer recommended that the City consider providing training on trauma informed practices for staff members who are most likely to interact with those seeking sanctuary. (Staff recommendation was incorporated into draft)
- Equity Officer also noted that a question could arise regarding the distinction in phrasing in the draft legislation between protections for those seeking care for themselves and those seeking care for their children (or even the case of minors seeking care from themselves across state lines). It was noted that D.C’s similar Human Rights Amendment legislation did not make this distinction.
- The Police Department recommended including language to ensure that in circumstances which are necessary in the official duties or as part of an investigation by Hyattsville Police Department, HPD employees have authorization to inquire into whether someone has received or seeks to receive or has been provided an abortion or other women’s and pregnant persons’ reproductive health care services or gender affirming care or other gender affirming health care services or provided financial, logistical or any other type of material support to anyone seeking women’s reproductive health care services or gender affirming care. (Recommendation incorporated into draft)
- The Community Services Department confirmed that the department does not maintain any intake or case files currently. The department is hiring a Case Manager, but any case files maintained by this position would be bound by HIPPA laws.
Community Engagement:
The ordinance will be discussed at Council meetings and additional outreach will be developed and implemented as required.
Strategic Goals:
Goal 5 - Strengthen the City’s Identity as a Diverse, Creative, and Welcoming Community
Legal Review Required?
Pending