Illinois City's Abortion Pill Shipping Ban Could Violate State Law

DANVILLE, IL — The City of Danville could face serious legal challenges after local officials voted this week to ban the mailing or shipping of an abortion pill, which defies state law guaranteeing the right to a woman’s right to have an abortion.

On Tuesday, Danville Mayor Rickey Williams broke a 7-7 deadlock on the measure, which state officials say violates a 2019 law passed when Gov. J.B. Pritzker signed a bill into law ensuring abortion rights in Illinois. Since then, the governor and Illinois Attorney General Kwame Raoul have said that the state will remain a safe haven for women seeking to have an abortion.

The Illinois chapter of the American Civil Liberties Union issued a statement following Tuesday’s decision, calling the local ordinance "unlawful and unenforceable." The Illinois chapter of Planned Parenthood began the practice of allowing mifepristone to be sent through the mail, which continued in Illinois even after the U.S. Supreme Court overturned Roe. V Wade last summer.

“Illinois has explicitly protected the right to abortion in this state, free from governmental interference and Danville’s vote (Tuesday) is in clear violation of that law,” Ameri Klafeta, director of the Women’s Reproductive Rights Project of the ACLU of Illinois said in a statement.

“We are evaluating next steps to challenge this unlawful ordinance.”

Raoul issued a separate statement saying that his office will continue to closely monitor the situation. He said his office “stands ready to take appropriate action” to ensure that Illinois law is adhered to.

The Commercial-News in Danville reported that Illinois Pharmacists Association Director Garth Reynolds told the local board on Tuesday that the ordinance could also violate the Pharmacy Practice Act and said that other violations have been found to be inappropriate, the newspaper reported.

Several times during the meeting, Danville's mayor had to call the meeting back to order due to outbursts during discussions that became heated as the ordinance was discussed before the board voted, the newspaper reported.

It is unclear how the city will enforce the ordinance now that it has passed. Danville Alderman Mike Puhr said that nothing will go into effect until the courts rule on the ordinance’s legality.

“Nothing has changed,” Puhr said in the meeting, according to the Commercial-News.