WORCESTER – An attempt to require pro-life pregnancy centers in Worcester to perform or refer for abortions was moved forward by a 6-5 vote by the Worcester City Council Tuesday. Mayor Joseph M. Petty cast the tie-breaking vote.
An order was sent to the city solicitor and administration to draft an ordinance to regulate such centers.
The two Worcester crisis pregnancy centers talked about at the meeting were Clearway Clinic on Shrewsbury Street, and Problem Pregnancy of Worcester Inc., across from the Planned Parenthood abortion facility on Pleasant Street. Both were recent victims of vandalism.
Councilors voted 7-3, with one abstention, for a resolution that states Worcester supports “abortion rights.”
Councilor-at-Large Thu Nguyen sponsored the order and resolution.
The order requested that the city manager and city solicitor draft an ordinance “concerning deceptive advertising practices of limited pregnancy centers and prohibiting such activities from being permitted in the city.” It said these places “must either directly provide or provide referrals for abortions or emergency contraception.”
Besides Mayor Petty and Councilor Thu Nguyen, Councilors Khrystian E. King, Sean M. Rose, George J. Russell and Etel Haxhiaj, favored the measure.
Voting against it were Councilors Morris A. Bergman, Donna M. Colorio, Candy F. Mero-Carlson, Kathleen M. Toomey and Sarai Rivera.
The same councilors, plus Councilor Rivera, voted for the resolution. Councilor Bergman abstained.
Councilor Nguyen thanked those who testified. “I think all experiences need to be considered and honored.” If crisis pregnancy centers are not deceptive, they have nothing to worry about, but “abortion is health care; we have to enforce a standard of health care.” Councilor Nguyen expressed hope for Worcester being a sanctuary city for abortion.
“We are a city that welcomes people, protects people,” said Councilor Haxhiaj, who lamented the overturning of Roe v. Wade, the 1973 Supreme Court decision that made abortion legal throughout the country. The June 24 decision returned the regulation of abortion to the states.
Mayor Petty said people from other states will come to Massachusetts for abortions and spoke of affirming a commitment to public health.
“This is absolutely a city issue; we have the ability to address it and we should,” Councilor King said.
Councilor Rivera, who opposed the order but supported the resolution, complained that Worcester is not a sanctuary for undocumented persons. She said she’s pro-choice and Christian, but doesn’t like people forcing their beliefs on others. She criticized Planned Parenthood for not being involved in the neighborhood and for racism.
If people feel advertising is deceptive, they should address that through the appropriate process to address that, Councilor Toomey said. She said the City Council must honor free speech for everyone.
Councilor Bergman said to restrict one side, he needs proof, and he didn’t hear anyone say they were deceived. He questioned why claims of centers being misleading weren’t made until Roe was overturned.
Councilor Colorio said Worcester is inviting a lawsuit with the order; the government can’t target certain messages for punishment. The resolution is a moot point, as the city can’t change state laws about abortion, she said.
About three dozen spoke during public testimony. Several women praised Clearway Clinic and/or Problem Pregnancy for helping them to keep their child, or to deal with an abortion they regretted.
Kelly Wilcox, Clearway executive director, urged listeners to visit the facilities and learn how they serve women.
Judy Cross, an attorney and Clearway board member, said the order conflicts with what the U.S. Supreme Court held in NIFLA v. Becerra, a case out of California. In the 2018 decision the Court noted that under the First Amendment, religiously oriented “crisis pregnancy centers” don’t have to tell women about public programs providing free or low-cost abortions.
Kathi Roy said if crisis pregnancy centers must offer abortions, Planned Parenthood must offer the services Problem Pregnancy provides, which includes giving free baby items.
Before the meeting Michael King, from Massachusetts Family Institute, said he thinks the resolution was symbolic, but the order violates the free speech of pregnancy care centers. By passing it, Worcester would increase its legal liability and expose its intolerance, he said.