[HISTORY: Adopted by the City Council of the City of Saratoga
Springs 4-4-2023. Amendments noted where applicable.]
A.
Whereas, the City of Saratoga Springs hereby affirms and expresses
support that the core values of our community include creating a climate
of welcome and inclusiveness, protecting and preserving democracy,
freedom, human rights, and the dignity of all people; and
B.
Whereas, the 2019 Reproductive Health Act affirmed New York State's
commitment to comprehensive reproductive health care as a fundamental
component of health, privacy, and equality; and
C.
Whereas, On June 13, 2022, Governor Hochul signed into law a package
of six bills to immediately protect the rights of patients and reproductive
health care providers; and
D.
Whereas, in response to the Supreme Court's ruling in Dobbs
v. Jackson Women's Health Organization, some state legislatures
have moved to criminalize out-of-state abortions;
E.
Now, therefore, be it ordained and enacted by the City Council of
the City of Saratoga Springs as follows:
A.
The City Council makes the following findings:
B.
The purpose and intent of this chapter is to recognize the importance
of reproductive health care as a matter of health, privacy, and equality
and to ensure, to the greatest extent permitted by law, that those
rights are upheld for all residing in the City of Saratoga Springs.
A.
No City resources, including, but not limited to, time spent by employees,
officers, contractors, or subcontractors while on duty, and no use
of City property, shall be utilized for:
(1)
Detaining persons for performing or aiding in the performance of
an abortion within this state, or in procuring an abortion in this
state, if the abortion is performed in accordance with the provisions
of Article 25A of the Public Health Law or any other applicable New
York State law; or
(2)
Cooperating with or providing information to any individual or out-of-state
agency or department regarding the provision of a lawful abortion
performed in this state, unless the individual on whom the abortion
has been performed has requested in a signed release that such information
be provided to a designated person or persons.
B.
Nothing in this section shall prohibit the investigation of any criminal
activity in this state, provided that no information relating to any
medical procedure performed on a specific individual may be shared
with an out-of-state agency or any other individual, unless the individual
on whom the medical procedure has been performed has requested in
a signed release that such information be shared with a designated
person or persons.
C.
Any person detained in violation of this section may bring an action
in any court of competent jurisdiction for a claim of unlawful detention
in violation of this section, for any damages, including punitive
damages, and for declaratory and injunctive relief and such other
remedies as may be appropriate. The court, in issuing any final order
in any action brought pursuant to this section, may award costs of
litigation to the prevailing party whenever the court determines such
an award is appropriate. This section does not limit or abrogate any
claim or cause of action such person has under common law or by any
other law or rule.
Severability is intended throughout and within the provisions
of this chapter. If any section, subsection, sentence, clause, phrase,
or portion of this chapter is held to be invalid or unconstitutional
by a court of competent jurisdiction, then the decision shall not
affect the validity of the remaining portions of this chapter.
