By JAN LARSON McLAUGHLIN
BG Independent News
In front of an overflowing crowd, Bowling Green City Council voted 6-1 Monday evening to protect women from discrimination for reproductive rights decisions.
The vote came after more than an hour of impassioned pleas from pro-life and pro-choice citizens. The City Council meeting had been moved to a different location because the council chambers could not handle the crowd at the last meeting when the ordinance was given a second reading.
The amendment, introduced by City Council member Nick Rubando, adds a definition of the word “sex” in the city’s non-discrimination ordinance that expressly protects people’s reproductive healthcare decisions, gives protections to breastfeeding mothers, as well as pregnant individuals or those seeking to become pregnant.
The lone “no” vote was cast by Bill Herald, who said after the meeting that the amendment “is not needed.” Voting in favor were Rubando, Joel O’Dorisio, Rachel Phipps, Mark Hollenbaugh, Jeff Dennis and Greg Robinette.
Robinette appeared to be leaning toward voting “no,” saying the amendment was not necessary.
“Our code is not broken,” he said. “There is no need of fixing it.”
Robinette was opposed to the ordinance as it was originally written, which he said attacked freedom of speech, a “freedom endowed by God.” The original language posed a threat to the HerChoice pregnancy center and The Nest, Robinette said.
Robinette also said City Council should be working on improving roads and sidewalks, rather than spending more time on the city’s anti-discrimination ordinance – which already has widely written protections.
Rubando said City Council ought to be able to build roads and ensure that citizens are protected at the same time.
Council member Joel O’Dorisio agreed, saying that “defending the rights of citizens of Bowling Green” is part of City Council’s job.
On Monday evening, Rubando introduced additional amendments in response to a recent letter from Ohio Right to Life, and challenges made by an attorney who spoke at the last council meeting. Rubando said the amendments clarify the true purpose of this ordinance.
“The City of Bowling Green has always been a welcoming community. The aim of this ordinance has never been to punish people or organizations, but instead, to help protect women and people who could become pregnant,” Rubando said. “There has been a lot of misinformation circulated against this ordinance, we feel it is important to set the record straight.”
The two amendments state:
- Nothing in this chapter shall be construed so as to mandate that any particular goods or services be provided. It is the purpose of this chapter that goods or services voluntarily provided be done so in a nondiscriminatory way.
- This chapter shall not apply to any corporation, organization, or association so as to restrict its ability to organize its staff by employing only persons who support the mission of the entity.
Former Bowling Green City Attorney Mike Marsh offered his legal opinion of the newly amended language in a letter to members of City Council.
“If the amendments are adopted, I believe our ordinance would not violate the freedom of association including negative association, that has been upheld by the U.S. Supreme Court numerous times, and we would not be guilty of purporting to regulate the content of either speech or written communication,” Marsh stated.
The birth of the amendments began with the overturning of Roe v. Wade earlier this year, which led two groups of women in Bowling Green to mobilize. Those women – college students and suburban moms – reached out to City Council to create a safe haven in an unwelcome climate for reproductive rights.
Bowling Green City Council responded with an amendment to the city’s existing anti-discrimination ordinance.
The change, of course, does not preserve rights to abortion in Ohio – but it does offer protections from some possible ramifications of getting an abortion, having a baby, and breastfeeding a baby.
Chapter 39 of Bowling Green’s codified ordinances already protects individuals against discrimination in workplaces, businesses, public accommodations and educational institutions. The protected classes include race, ethnicity, religion, age and sexual orientation.
The new section would add protections of people’s reproductive healthcare decisions. Rubando pointed out that the amendment does not apply to religious organizations.
While more than 200 people attended Monday’s meeting, 34 signed up to speak for or against the ordinance.
Hollenbaugh, council president, set the rules for polite and respectful comments, not going over two minutes per person.
Speaking against the ordinance change was Wendy Cramer, from McClure, who told of two unplanned pregnancies and abuse from the father.
Mary Vollmar told council that if they pass the ordinance, a lot of businesses will decide against coming to Bowling Green. “Think about that,” she said. Jessica Carpenter said Rubando collaborated on the ordinance with a Columbus Council member, who is the daughter of U.S. Sen. Sherrod Brown.
Priscilla Coleman said her studies of abortion have found that women who have undergone the procedure suffer from mental health problems and unresolved grief. Johanna VanRenterhem, a mental health counselor in Bowling Green, said it’s not true that women don’t regret having abortions. “It is never wise to make a decision during a crisis.”
Dr. Lillian Miller, OBGYN, said women getting abortions experience broken bodies and broken hearts. “Women with unplanned pregnancies are terrified,” she said. And at pregnancy centers, they find help. “Women are not shamed, they are loved.”
Susan Meszaro said abortions benefit men, sex traffickers, pimps and abortion clinics. Carol Tyson asked why the ordinance addresses hormonal therapy. “This ordinance does not make Bowling Green a safer environment for everyone.”
Ashleigh Hotz talked about her mom’s unexpected pregnancy as a teenager, adding she was so glad no one convinced her mom to have an abortion. Hotz also talked about her own pregnancy as a teen, and her desire to have her child.
Eugene Casteroro, an attorney for Right to Life groups, said this ordinance change is just the beginning.
Bob Cooley said Rubando is a “young white male,” who needs to volunteer at pregnancy centers rather than working with “suspect suburban moms” on anti-discrimination laws that will result in the opposition “burying our city in legal fees.”
Veronica Falter quoted scripture, and said abortion is “outright murder” and people seeking gender changes are “demonic.”
Speaking in favor of the ordinance was Lindsay Jo Durham, who said “as a woman, I’m sick and tired of men making decisions for us.”
Joshua Ballmer voiced support for the amendment, and added that he supported the original one passed by council. Despite worries, the ordinance did not adversely affect businesses, he said. Lia Ricci said, “I hope that you all consider the safety and protection of women in this community.”
Miranda Douglas said it’s sad “we are having to fight against discrimination in this day and age.” And sad that people are using religion to defend their discriminatory acts, when Christianity is about loving others, she said.
Hannah Servedio, of Pro-Choice Ohio and abortion clinic escort, accused the pro-life side of “baseless fearmongering,” explaining that the ordinance does not force any business or agency to provide services they don’t want to.
Kristin Hady said she recognized many of the faces at Monday’s meeting as those who harass and try to shame women seeking abortion services. “They believe they can threaten people to get their way,” she said of those who threatened to sue Bowling Green.
Sal Pezzino, a clinic escort in Toledo, said he just “walked down the gauntlet” to get to the podium like the women coming to the clinic. “It’s just healthcare,” he said.
Valerie Jenkins, a new mom, said she wanted to go on the record for her daughter that she supports the ordinance.
Spencer Myers said that gender affirming care and abortions are lifesaving procedures.
Theresa Nieberding said she supports the amendments. “If I decide not to have a child, that’s my decision.” She accused “predatory” pregnancy centers of preying on vulnerable women.
Nathan Mulch, who teaches ethics at BGSU, said the “implied slippery slope” argument of the pro-life side is not valid.
Bea Fields asked council to “protect people like me,” who need gender affirming surgery and hormonal treatments against people who refer to her as “demonic.”
Marcee Lichtenwald said Bowling Green has a great opportunity to be a role model for other communities, protecting its residents from discrimination from employers, landlords or educational institutions.
Lauren Reinagel voiced support, and disputed fears that the ordinance would result in the HerChoice pregnancy center closing. “There is nothing in this legislation that takes rights away from anyone.”
Hannah Mehno, a BGSU student, said without the amendments, she could lose her housing or job. When she graduates, she will look for such policies when she decides where to go next.
