Sedgwick County asks Kansas governor to ban abortions during coronavirus pandemic
The Sedgwick County Commission is asking Gov. Laura Kelly to shut down abortions in Wichita during the threat from coronavirus COVID-19.
The recommendation would redefine nearly all abortions as nonessential medical services that could not be provided during the “stay-at-home” order issued by Kelly to try to slow the spread of the coronavirus.
The measure, aimed at the Trust Women Wichita Clinic, is largely symbolic because the commission doesn’t have the authority to alter the governor’s order and she’s indicated publicly she supports keeping women’s health clinics open.
The 4-1 commission vote came Wednesday after a tense debate between Michael O’Donnell, who proposed the measure, and Jim Howell who supported it, versus the commission’s only female member, Lacey Cruse.
“If I’m raped in the middle of the night and this (coronavirus emergency) goes on another eight weeks, are you going to make me have my rapist’s baby?” Cruse asked. “Are you going to make a woman who is going to die because of the baby, are you going to make her die? Those are the types of things that you’re asking.”
O’Donnell said he based his motion to shut down abortions on photographs of out-of-state license plates taken by anti-abortion protesters outside the Trust Women clinic.
He said the photos and protesters’ observations show that the clinic is bringing in patients and providers from other states where the coronavirus is more prevalent, although he conceded that an initial report of a California doctor at the clinic was false.
“My heart does break for women that are put in those (rape) situations,” O’Donnell said. “I have family members that have been sexually assaulted myself that have been put in situations that no one would want to dream about, (but) we are in an unprecedented time with COVID-19 and limiting exposure.
By allowing abortions, “We are putting people that are vulnerable, putting them in a much more vulnerable situation by not knowing if these people are practicing at the clinic have the virus, have come in contact with other people with the virus,” he said.
He said women needing life-saving abortions should be treated at a hospital rather than the clinic.
“This isn’t political, this is concern about human life, protecting life whether it’s the unborn or individuals that may or may not come in contact with COVID-19,” he said.
Cruse said O’Donnell was only pushing for the ban for political gain and that there is no hospital in the county that will perform abortions.
“I feel like you’re just speaking out of your …” she said, before stopping herself and continuing: “I don’t feel like you are really speaking factually about this.”
Howell read from a long list of accusations against the clinic made by unnamed abortion opponents, including one allegation that a security guard there had handed a sidewalk protester a trash bag full of vomit and used tissues.
“I’ve not substantiated the stories,” Howell said. “But that’s what’s been reported and I’ve talked to people who said they witnessed it and this is what happened. So if this is the type of behavior that is going on, I have very grave concerns about the spread of COVID-19.”
Julie Burkhart, the CEO of the clinic, has said the facility is following the same coronavirus prevention procedures used by hospitals and actually had the protocols in place before a lot of other health care facilities.
Burkhart was not allowed to attend the meeting. Only the commissioners and limited staff could be in the room because of the governor’s order limiting public gatherings to 10 people or fewer.
However, Cruse read Burkhart’s written testimony into the record of the meeting.
In it, Burkhart said the county’s action, if it ever takes effect, would actually spur more travel than it would prevent, because women from Kansas would need to go to Colorado or New Mexico for abortion services.
Texas and Oklahoma have already banned abortions during the COVID-19 threat.
O’Donnell originally proposed recommending a full shutdown of the Trust Women clinic for the duration of the emergency.
But Commissioner David Dennis offered an alternate motion, that was adopted, to allow non-abortion care such as cervical cancer screening and birth control services to be done by the clinic.
The current rules were established by Kelly, cover the whole state and preempt county stay-at-home orders.
The governor said in a news conference Wednesday that women’s clinics should and will be allowed to stay open under her emergency order.
“Women’s reproductive health is considered an essential need and all healthcare clinics will fall under that category,” she said.
Senate President Susan Wagle, R-Wichita, also weighed in, issuing a statement taking the side of the commission majority.
“While high risk screenings and all elective procedures throughout the state are being canceled and doctor’s offices are struggling to survive, why should an elective abortion be an exception?” she said. “Personal protective equipment is in short supply during this pandemic. Making an exception for an elective abortion is inexcusable.”
Even if that state rule were not in place, county Health Officer Garold Minns is the only one with the direct authority to order stay-home rules in the county, although the commission can make recommendations to him.
Contributing: Jonathan Shorman of The Eagle
This story was originally published April 1, 2020 at 12:57 PM.
