With a wave of recent medication abortion court rulings in the national spotlight, the city council in downstate Danville on Tuesday narrowly approved a controversial ordinance that bans the mailing and shipping of abortion pills — despite repeated warnings from civil liberties experts and state leaders that the measure violates Illinois law.

Before its passage at a lengthy meeting attended by hundreds, the council amended the ordinance so that it wouldn’t go into effect until the city “obtains a declaratory judgment from a court” that the ordinance can be enacted and enforced. All court appeals must also be exhausted before the measure can go into effect, city officials said.

Some aldermen seemed to believe adding this language might help protect the city from legal action. In a recent letter to city leaders, the American Civil Liberties Union of Illinois threatened that passing the ordinance or attempting to enforce it “will do nothing other than expose the city to significant legal liability and fees.”

Shortly after the council approved the measure — even with the amendment — the ACLU of Illinois put out a statement calling it “an unlawful and unenforceable ordinance to limit access to abortion in the city.”

“Illinois has explicitly protected the right to abortion in this state, free from governmental interference, and Danville’s vote today is in clear violation of that law,” said Ameri Klafeta, director of the Women’s and Reproductive Rights Project Director at the ACLU of Illinois, in a written statement. “We are evaluating next steps to challenge this unlawful ordinance.”

The ordinance claims that “federal law imposes felony criminal liability on every person who ships or receives abortion pills or abortion-related paraphernalia in interstate or foreign commerce;” it defines abortion as the act of “using, prescribing, administering, procuring, or selling of any instrument, medicine, drug, or any other substance, device or means,” with the purpose of terminating pregnancy.

It’s unclear how city leaders in this east central Illinois community of roughly 30,000 residents just west of the Indiana border intend to enforce the ordinance, which directly conflicts with Illinois law. In 2019, Gov. J.B. Pritzker signed the Reproductive Health Act, which declared abortion a “fundamental right” in Illinois.

General Kwame Raoul also sent a letter to Danville leaders stating the ordinance is illegal in Illinois and urging the city to reject the measure.

“Illinois law could not be clearer,” Raoul said in a statement on Monday. “Our state is a proud safe haven for access to reproductive health care that respects bodily autonomy and fundamental rights. I will continue to stand up for the rights of everyone in Illinois to access reproductive health care, and my office stands ready to take appropriate action to uphold Illinois law.”

The city council was sharply divided on the matter, with 7 aldermen voting in favor of the ordinance and 7 voting against it. The tie was decided by Mayor Rickey Williams Jr., who announced “I vote yes,” drawing cheers from some in the crowded audience and rancor from others.

One woman shouted, “You broke the law,” as Williams pounded a gavel and called for decorum.

Hundreds of demonstrators expressing views on both sides of the abortion debate filled the city council meeting room and spilled into an overflow area, as well as onto the street outside.

Some anti-abortion demonstrators held rosaries outside of City Hall and prayed; some held signs reading “Remember the Unborn” and “Pray to End Abortion.”

At the same time, supporters of abortion rights outside chanted “2-4-6-8, separation of church and state” and “abortion is health care;” many held signs with messages like “Abortion Saves Lives.”

The ordinance followed news that an Indiana abortion provider recently purchased property in Danville. Abortion foes in March protested the purchase, and Illinois Right to Life Executive Director Mary Kate Zander called Danville “a conservative, pro-life community.”

Yet residents seemed to have disparate feelings on the city’s new abortion pill ordinance. The city council vote followed about four hours of public comment reflecting a range of opinions on abortion among the packed crowd.

Britt Cain of Danville opposed the ban, saying it was “actively trying to prevent a woman’s health care clinic from opening.”

“It’s more than just abortion; this is vital,” she said. “Passing this ordinance will not stop women from seeking out abortion services. It will, however, encourage women to seek unhealthy means to terminate their pregnancies, isolate themselves from those around them due to fear of getting in trouble or pay heavy fines that most people are unable to afford.”

She added that the ordinance appears to be driven “more by personal beliefs” than concern for safety and welfare.

Dr. Bethany Halloran, a local obstetrician and gynecologist, said she was “deeply concerned about the unintended, negative impact” the ordinance would have on the women in the community. She said many of the medications that would fall under the ban are also used for other medical purposes besides inducing abortion.

“The seriousness of restricting the availability of these medications cannot be understated,” she said. “The medications listed in this ordinance have a wide range of applications beyond their relation to medical termination and they need to remain medically available to the people of Danville.”

She added that “restricting the delivery of these medications will not allow me to provide the standard of care that these women deserve.”

“Put simply, it will unnecessarily endanger the lives of women and could very well lead to preventable death,” she said.

Yet many in the audience spoke fervently in favor of the ordinance based on moral views, regardless of its potential legal and financial ramifications.

The Rev. Timothy Sick of La Salette Academy in the nearby city of Georgetown said that even if the ordinance “brings with it a financial cost, even if the ordinance is overturned for some reason,” he urged the council to “put our trust in God.”

“If we put our trust in God, we’ve got to believe that he will shower His blessings upon us for doing what’s right,” he said.

Nancy Lyman, a registered nurse and Danville resident, said she supported the ordinance and was strongly opposed to having an abortion clinic in the area.

“I believe our community will be better served by focusing on prevention of unplanned pregnancies and providing education and health services to our community,” she said. “We as a community need to be proactive in assessing barriers to health and health care and providing needed services, instead of simply being reactive to unplanned pregnancies and destroying innocent babies’ lives. Abortion clinics do not save lives. Abortion destroys lives and harms women and families in so many ways.”

Glenna Horner spoke in favor of the ordinance as a mother of four children.

“I can tell you that was a life — and it didn’t become a life when the child came out of my body,” she said. “It was a life before that.

She said she doesn’t advocate for abortion clinics anywhere, but Danville “is a small community.”

“If you have an abortion clinic in our community, it will be known by all of us,” she said, adding that she wants her city to known for “good things” like its symphony, community college and community pride.

“If we become a community that has an abortion clinic all those other things will take second place to the fact that we’re an abortion town,” she said. “That’s what it will become known for. And I don’t want that — and I hope that you don’t want that.”

City leaders say the ordinance ― titled “requiring compliance with federal abortion laws” — is based on the Comstock Act of 1873, a law that had largely remained dormant when Roe v. Wade upheld federal abortion rights. The 19th century law barred the mailing of contraception, “lewd” writings, as well as any “instrument, substance, drug, medicine, or thing” that could be used in an abortion.

After the U.S. Supreme Court overturned Roe in June, the law has emerged as a cornerstone of many new anti-abortion measures aimed at curbing access to abortifacients.

Danville isn’t the first local jurisdiction to consider an ordinance targeting abortion pill access based on the Comstock Act. Several cities and counties in New Mexico, another state with few abortion restrictions, also recently passed anti-abortion ordinances invoking the Comstock Act, though the governor in March signed a bill designed to override those local measures and the New Mexico Supreme Court has blocked the ordinances from being enforced amid court challenges.

Medication abortions account for just over half of all terminated pregnancies in the United States

The heated debate in Danville comes as several high-profile court fights recently erupted over the fate of a common abortion drug, mifepristone, which millions of women have used since it was first approved for use in 2000 by the Food and Drug Administration.

A Texas judge in April ordered a hold on federal approval of mifepristone, which threatened to pull the drug from the market.

The ruling also questioned the legality of mailing abortion pills. The case, which was filed by the conservative organization Alliance Defending Freedom on behalf of health care providers, claimed that mailing abortion pills violated the Comstock Act.

The Trump-appointed judge in that case seemed to agree, finding that “Plaintiffs have a substantial likelihood of prevailing on their claim that Defendants’ decision to allow the dispensing of chemical abortion drugs through mail violates unambiguous federal criminal law.”

But the U.S. Supreme Court in late April preserved access to mifepristone, pausing lower court restrictions as the legal battle plays out.

Medication abortions — as well as mifepristone — are still legal and available in Illinois. The American College of Obstetricians and Gynecologists says medication abortions, including mifepristone, are safe and effective.

“Mifepristone is safe,” said Molly Meegan, chief legal officer and general counsel with the professional membership organization. “It is one of the safest drugs on the market. It has been used for decades.”

The Associated Press contributed.

eleventis@chicagotribune.com