Radnor Bans Police From Interfering With Abortions Amid Roe Debate

RADNOR TOWNSHIP, PA — Officials in Radnor Township moved to protect abortion rights at Monday's Board of Commissioners meeting in the face of Roe V. Wade being overturned.

Radnor Township Commissioners voted 4-2 with one abstention Monday to prevent Radnor Township Police from interfering with abortions in the township.

The new ordinance ensures no Radnor taxpayer dollars will be used for police to investigate, arrest, and criminally charge women accused of getting, providing, or supporting abortion services that are available in Pennsylvania today if the Supreme Court overturns the landmark decision as indicated by the leaked draft decision.

Board President Moira Mulroney said this ordinance does not regulate abortion itself and that the township does not have the authority to do so.

A full copy of the ordinance is below.

Commissioners passed the ordinance after more than a dozen residents spoke about the ordinance during public comment.

Residents came out in favor and against the new ordinance, with some making the case life begins at conception and that the township's laws do not supersede state or federal laws, and others saying Roe V. Wade is about a women's rights to live their lives as they wish and the difficulties of navigating Pennsylvania's adoption system.

Mulroney said Pennsylvania is "one election away from extreme anti-choice laws going into effect," as State Sen. Doug Manstrantonio recently secured the republican nomination for governor on a strong pro-life, anti-abortion platform.

"There will be state bans on abortion and if we're listening to our leaders in the federal government, there's a real possibility of a federal ban," she said.

In her decision, Mulroney also cited Delaware County District Attorney Jack Stollsteimer's words, which were he would not use his office to criminalize a woman's personal healthcare decisions.

Ward 6 Commissioner called the ordinance political theater, and residents echoed that sentiment.

He said this ordinance is a slippery slope and asked what other law will the board decide should not be enforced.

"Our law enforcement should enforce all laws," he said. "And we shouldn't be cherry-picking ones they should enforce and which ones they shouldn't."

Township officials said the ordinance will be on the July 13 agenda for a vote to adopt.

Ordinance No. 2022-07

AN ORDINANCE OF RADNOR TOWNSHIP DELAWARE COUNTY, PENNSYLVANIA, AMENDING CHAPTER 67 OF THE ORDINANCES OF RADNOR, POLICE DEPARTMENT TO PROVIDE FOR ENFORCEMENT LIMITATIONS REGARDING BANS OF CERTAIN REPRODUCTIVE HEALTH SERVICES

WHEREAS, a draft Opinion of the Supreme Court of the United States has suggested that that Court may in the near future overturn its prior decision in Roe v. Wade, 410 U.S. 113 (1973) and its progeny; and

WHEREAS, in the aftermath of the publication of the draft opinion, bans on access to reproductive health services have been proposed at the state and national level;

WHEREAS, it is the intention of Radnor Township to decline participation in any such ban, and to codify and restate reproductive rights as they currently exist to the fullest extent of its authority under the Radnor Township Home Rule Charter; and

NOW, THEREFORE, be it ENACTED AND ORDAINED by the Board of Commissioners of Radnor Township that Chapter 67 of the Ordinances of Radnor Township, titled Police Department is amended to add a new Article II as follows:

SECTION I. Chapter 67, Police Department

Article II: Limitations on Enforcement.

§ 67-10 Limitations on Enforcement related to reproductive health.

No police officer or other person acting under color of law on behalf of Radnor Township or using resources or assets belonging to Radnor Township shall conduct any investigation, make any arrest, file any criminal charges, cooperate with any other officer, agent, agency, or department, or participate in any prosecution in which a person is accused of facilitating, providing, or receiving abortion services with the consent of the pregnant person during the first twenty- four weeks of any pregnancy, or when the life or health of the pregnant person is endangered by continuation of the pregnancy.

SECTION II.

If any part of this ordinance is for any reason found to be unconstitutional, illegal or invalid, such unconstitutionality, illegality or invalidity shall not affect or impair any of the remaining parts of this ordinance which shall continue to be fully operative as if the unconstitutional, illegal or invalid part had not been enacted.

SECTION III.

Any and all provisions of any other ordinance which are inconsistent with the provisions of this ordinance are hereby repealed.

SECTION IV.

This ordinance shall be effective thirty-one (31) days from the date of enactment hereof.