Pueblo council to vote on ordinance that would restrict abortion access, directly challenging state law

PUEBLO, Colo. — Pueblo City Council is voting Tuesday night on an ordinance that would restrict abortions in the city. It directly challenges state law, and it could set up a court battle as anti-abortion groups cite a federal law from 1873. 

Pueblo councilwoman Regina Maestri has introduced a similar ordinance before. In 2022, she failed to pass an ordinance that would’ve banned abortion clinics and provided an opportunity to sue providers. 

Two years later, she’s trying again to restrict abortion access in the city. 

“State legislatures have imposed laws and put them in place to basically almost dissipate morality in our community,” she said at a city council meeting on Sept. 24. 

Colorado voters will decide in November whether or not to put abortion rights in the state constitution. Amendment 79 would also remove the state’s current ban against public funding for abortions.

RELATED: Colorado voters to decide whether to put abortion rights in the state constitution

Maestri’s proposal uses the federal Comstock Act from 1873 to ban the mailing and receiving of “obscene” materials, including equipment used for abortion.

“It’s a way to make sure that we are adhering to federal law through the Comstock Act to make sure that women can be safe from these dangerous procedures,” said Marcie Little, Executive Director of Colorado For Life. 

Little hopes the Comstock Act can be used to restrict abortions even in states with broad access like Colorado. 

“If it goes well for the city of Pueblo and does hold up, I think it would likely encourage other cities in the state to do it,” Little said. 

Attorney General Phil Weiser sent a letter to the Pueblo City Council on Sept. 23 to let the city know he will take them to court if this ordinance passes because it would “conflict with state laws guaranteeing the right to make one’s own reproductive health care decisions.”

“This really is a bigger move to ban abortion across the country, but by doing that, we are also harming all reproductive health care,” said Kiera Hatton, organizing and political director for Cobalt. 

She feels comfortable for now that Colorado law will protect abortion access. She’s worried about impacts nationwide. 

“This is a ploy by the proponents of this measure to really run this up to the Supreme Court and have abortion outlawed across the country,” Hatton said. 

Conservative Christian group Forging Pueblo said it worked on this ordinance with Maestri. Quin Friberg, Director of Forging Pueblo, wants to see federal law supersede state law to eliminate elective abortions in his city. He believes they have a good chance to win in court if Weiser decides to file a lawsuit. 

“I think Pueblo has the opportunity to pursue this in order to see how it plays out in court,” Friberg said. “Obviously, this is going to court if it passes. Nobody doubts that and I think it would be good to get a solid answer on if the Comstock laws, if these federal regulations are applicable to local municipalities, and if they are, I would hope that other cities would implement this.”

Lawyers for the city do not recommend approving this proposal because they say it violates state law. 

Thomas More Society, a Catholic law firm and interest group, has promised to defend Pueblo for free if they pass the abortion ban.