By Devin Flores
In the October 15 session of the Pueblo City Council, the subject of the proposed Item N-18 — an ordinance which would limit the operation of abortion providers in the City of Pueblo—was the most significant topic of the night.
The room was packed, with almost every seat being filled. The crowd featured both Pro-Choice protestors, wearing green bandanas and wielding signs reading “My Body, My Business” and “Stop the Regenda,” and Pro-Life demonstrators, carrying signs reading “Pray to End Abortions” and “Council Repent!”
After almost two hours of intense back and forth, during which the public forum was dominated by citizens concerned by this proposal and multiple councilmembers gave impassioned comments, the city council ultimately voted not to accept this motion.
This means that the proposed ordinance, which would have cited the Comstock Act of 1873 in an attempt to prevent tools used in abortion and other reproductive health procedures from being shipped into the city of Pueblo, will not be discussed further and will not be voted upon, effectively killing it on the floor of city council.
The final vote was three in favor and four against, the narrowest possible margin. Voting in favor of bringing this proposed ordinance to a second reading were Council President Mark Aliff (At Large), Regina Maestri (District 1), and Brett Boston (At Large). Voting against were Joe Latino (District 2), Sarah Martinez (District 3), Dennis Flores (At Large), and Roger Gomez (District 4).
The councilmembers gave varied reasons for the way they voted, primarily in the discussion before the vote.
When the motion to continue the proposal to a second reading was brought to the floor, Council President Aliff called for the motion and for a second. During this stage of the proceedings, Councilmember Regina Maestri failed multiple times to use the correct phrasing, requiring the City Clerk to coach her through it line-by-line before the proceedings could continue.
Before the motion was voted on, discussion was held. Harley Gifford, the deputy city attorney, was asked by Councilmember Flores to reiterate his advice on the topic.
“This ordinance was drafted by parties not affiliated with our legal department,” said Gifford. “Colorado law is very clear that no municipalities can make an ordinance that is in violation of state law, or which restricts abortion. So this would violate at least two state laws. The only thing this would do is create lawsuits.”
Councilmember Gomez (District 4) asked for clarification, saying, “Was that information given to the council (previously)?”
Gifford responded bluntly, saying, “I only serve to advise the council. The council has the right to make bad policy. I’m going to stand in the way of that right.”
Councilmember Maestri (District 1) went on to give a long speech, rising in emotion and volume as the crowd responded in kind. Ultimately, her speech was ended after she called out a specific member of the crowd, requiring the bailiff to call “Out of order” and President Aliff to bring her speech to an end.
This was followed by a lengthy speech by President Aliff, in which he stated that he believes that the rights of Puebloans and the city council were being disrespected by “Denver politicians.” He alleged that the officials elected by Puebloans to represent their district at the state legislature do not represent their constituents, and that an appellate court granting the city council the jurisdiction to “decide what happens in our community” would make the process more democratic.
Councilmember Martinez (District 3), in contrast, urged the council to kill the proposed ordinance in order to focus on things which fall under the jurisdiction of city council, including the budget, homelessness, and road repair. This sentiment was echoed by Councilmember Flores
“I believe it is irresponsible to give people on either side of this the impression that city council has the jurisdiction to do this,” said Councilmember Flores, referring to passing an ordinance regulating abortion care.
Councilmember Gomez also spoke during comments, stating that while he was personally “Pro-Life” and had personally seen the “regret” carried by people who had gone through with having an abortion, he would not be voting to continue this ordinance and would be voting against passing it if it came to that stage. “We have to follow state law,” he said simply. “End of story.”
During comment there were multiple interjections from the crowd, including a woman calling Councilmember Gomez “baby killer” in response to his stance. Two individuals were escorted from the room by Pueblo police officers.
After the proposal was voted on and it was determined that it would not be moving to a second reading, the room erupted into cheers from the Pro-Choice crowd. Clapping and cheering continued for some time, and then the crowd began to file out of the council chambers, despite the fact that business was not concluded, confirming that the vast majority of citizen attendees were present only to weigh in on or observe the abortion debate.
Devin Flores is an independent writer from Pueblo, CO. He specializes in local Colorado culture, history, and politics.
