Mason's abortion ban is no longer in place.
Mason, the largest city in Warren County, was the second city in Ohio to pass an ordinance criminalizing abortions. The ban passed by a 4-3 vote on Oct. 25. Nearby Lebanon passed a similar ordinance in May.
There are no abortion clinics in Mason or Lebanon.
The newly elected council repealed the abortion ban by a vote of 6-1 at its first meeting on Monday. The ordinance to repeal passed as an emergency, which means it will take effect immediately.
Councilmember Tony Bradburn, who previously voted to pass the abortion ban in October, voted in favor of repealing it on Monday.
Councilmember Kathy Grossman was the only vote against repealing the ordinance.
Grossmann asked if there has ever been access to abortion in Mason's history.
"How does this legislation change a woman’s access to abortion in the city?" she said.
Mason's ordinance made it illegal to procure or perform an abortion in Mason. It was also illegal to "aid or abet" an abortion that occurs in the city, for example, by providing money or transportation or by giving instructions for a self-administered abortion.
The ordinance criminalized the possession or distribution of “abortion-inducing drugs,” like misoprostol and mifepristone in the city. Misoprostol and mifepristone require a prescription and are administered in some doctor's offices.
Violating the ordinance was a first-degree misdemeanor, which is punishable with up to 180 days in jail or a fine of up to $1,000, according to Ohio law.
"Even though I am pro-life, I looked at this as an opportunity to go as far as we can legally to provide a deterrent for abortion providers to come to the city," Grossmann said.
Councilmember Ashley Chance said that the ordinance was not adopted to save unborn lives.
"This was a political move during an election," he said.
Grossmann objected and said Chance was "assigning motive."
Other councilmembers criticized the ordinance for being unclear and an example of government overreach.
Vice Mayor Diana Nelson said she felt the ordinance violates federal law and the Mason City Charter and opened the city up to litigation.
"We're not voting on a pro-choice or pro-life issue. This has nothing to do with abortion," she said. "This is not an ordinance that can be enforced."
Mason is the second city to rescind an abortion ban, according to the list compiled by Sanctuary Cities for the Unborn. Omaha, Texas walked back similar legislation on advice from its city attorney.
Erin Glynn is the watchdog reporter for Butler, Warren and Clermont counties through the Report For America program. The Enquirer needs local donors to help fund her grant-funded position. If you want to support Glynn's work, you can donate to her Report For America position at this website or email her editor Carl Weiser at [email protected] to find out how you can help fund her work.
Do you know something she should know? Send her a note at [email protected] and follow her on Twitter at @ee_glynn.
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