On May 11, the National Association of Social Workers and Women Have Options, Inc. filed the complaint in U.S. District Court in Cincinnati, alleging primarily constitutional violations relating to the city’s declaration as a sanctuary city for the unborn and the enactment of legislation relating to abortion in Lebanon.
The two organizations, which are represented by the ACLU of Ohio, claim the city violated their constitutional rights pursuant to the First and Fourteenth Amendments of the U.S. Constitution, and that the city exceeded its Home Rule Authority under the Ohio Constitution, declaring the city as a “Sanctuary City for the Unborn” and other provisions relating to abortion within the city of Lebanon.
In its resolution, council said it believes it is in the best interest of its citizens to “vigorously defend the litigation, and defend the constitutionality of its ordinances.”
As part of the discussions when the ordinance was originally considered in 2021, Mark Lee Dickson, executive director of Right to Life of East Texas and founder of the Sanctuary Cities for the Unborn organization, said Lebanon officials were also promised the pro bono legal assistance of attorney Jonathan F. Mitchell, the former Texas solicitor general who was involved in the implementation of the Texas Heartbeat Act.
“He (Mitchell) is willing to represent the city and taxpayers at no cost to the local council,” Dickson said.
Dickson also said there is no litigation pending against those sanctuary cities for the unborn in Texas.
Brunka said Isaac Wiles & Burkholder, LLC will be paid an hourly rate of $275 working in support of the city’s defense efforts.
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