PUEBLO — In a tense and heated Pueblo City Council work session Monday night, abortion supporters and opponents spoke about the potential legality of an abortion ban in the city.
Though no action was taken, Councilwoman Regina Maestri said she wanted to learn more about Colorado abortion laws, especially in light of the Supreme Court overturning Roe v Wade, and whether or not the city could institute an abortion ban, going against state law.
Colorado voters will also weigh in on Amendment 79 this November, which would codify abortion access into the Colorado constitution.
A defiant Maestri pushed back against state lawmakers and pro-choice advocates on Monday, criticizing recent issues she and other councilors have tried to tackle, like the council’s ban on needle exchange programs that was overturned. Through Monday’s meeting, she sought to build a case that Pueblo can act in interests separate from the state.
“They tell us that about needles. They tell us that about the homeless. They tell us that about the crime they decriminalized,” said Maestri. “What has happened is that state legislators have imposed laws and put them in place to basically almost dissipate morality in our community.”
In a Sept 16 work session, where items are discussed but no votes are taken, Maestri first publicly noted she wanted to explore the options of once again bringing an ordinance forward that would limit or prohibit abortion care services within the city’s jurisdiction.
Maestri attempted a similar move in 2022, but that ultimately failed after Mayor Heather Graham, then-council president, spoke out against the measure and it was tabled by a narrow vote. But Maestri has gained some conservative allies on the council since then.
WATCH: Pueblo City Council Tables Abortion Ban Vote
The proposal two years ago would have allowed Pueblo residents to sue abortion providers who received abortion materials in the mail under an 1873 federal law known as the Comstock Act.
Following Monday’s meeting, KOAA obtained a letter sent by Colorado Attorney General Phil Weiser to the Pueblo City Council. Weiser outlined how the state’s 2022 Reproductive Health Equity Act (RHEA), “establishes a ‘fundamental right to make decisions about the individual’s reproductive health care.’”
“Should the Pueblo City Council enact a proposed ordinance that violates the Reproductive Health Equity Act, the Attorney General’s Office will defend state laws on this matter, and seek a judicial resolution in court,” Weiser wrote in the letter dated September 23, 2024.
The American Civil Liberties Union of Colorado (ACLU), which recently successfully sued Pueblo to overturn its ban on needle exchange programs, similarly noted its organization would immediately take legal action if the city moved forward.
“Colorado law protects a person’s autonomy over their reproductive choices,” said Tim Macdonald, ACLU of Colorado legal director. “A municipality like Pueblo cannot pass an ordinance that bans abortion, and if they do, we will see them in Court and obtain an injunction prohibiting their effort to flout state law and restrict reproductive freedom.”
Macdonald said the Supreme Court’s Dobbs decision, which overturned Roe v Wade, does not prevent Colorado laws like RHEA from protecting state-level abortion access.
Councilwoman Maestri invited attorney Josh Craddock to speak at Monday’s work session, who noted he was speaking on his own behalf and not for any client. Craddock described himself as a Colorado attorney and a constitutional legal scholar affiliated with the James Wilson Institute, a legal think tank. The institute’s website lists its mission as seeking to “reteach natural law.”
Craddock said Colorado has some of the least restrictive abortion policies in the world and argued the city could enact a ban and still be within federal law.
“The people of Pueblo should have a say in what's right for their community, and not just the legislators up in Denver or the abortion industry activists that profit from their abortion and apparently are involved in writing their own regulations,” Craddock said.
Maestri also made claims at the Sept 16 and 23 council work sessions that the city’s local abortion care provider, CARE (Clinics for Abortion & Reproductive Excellence), had operated for months in 2022 without a licensed physician after its founder passed away.
In a Tuesday email, CARE denied those claims from the councilwoman.
“At no point was Dr. Carhart (my late grandfather) license utilized for this clinic. His passing did not alter our licensed status/ordering status/business license/anything,” said CARE CEO Lee Carhart IV, the grandson of the late Dr. Carhart.
Councilwoman Sarah Martinez was an outspoken critic of Maestri at both work sessions the issue was discussed.
“Let’s be clear: the only reason we’re having this hearing is that someone’s feelings were hurt over their inability to control women’s choices and bodies,” Martinez said in an emailed statement.
“Instead of allowing the people to decide on the right to abortion in our state constitution during the upcoming election—something voters have overwhelmingly supported in the past, as seen in 1988, 1998, 2000, 2008, 2010, 2014, and 2020—this Council is wasting taxpayer dollars and city resources discussing the regulation of abortion services.”
Martinez said the council should be focusing its time and effort on issues like crime, homelessness, trash, and economic development.
Near the end of Monday’s work session, Martinez asked Pueblo Deputy City Attorney Harley Gifford if Maestri’s potential ordinance had any path forward.
“This is something that's very serious. And I think everyone has a serious opinion on this,” said Gifford. “Until I'm presented with something that states otherwise, I just don't think that we would be wise to pass this ordinance.”
Monday’s work session ended with no clear resolution. But according to a city spokesperson, Councilwoman Maestri can bring forth an ordinance at her own discretion to be voted on at a future council meeting.
Maestri has not returned a Tuesday email asking about her next steps.
Email Senior Reporter Brett Forrest at brett.forrest@koaa.com. Follow @brettforrestTVon X and Brett Forrest News on Facebook.
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