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File #: BL2022-1385    Name:
Type: Bill (Ordinance) Status: Passed
File created: 7/22/2022 In control: Metropolitan Council
On agenda: 9/6/2022 Final action: 9/6/2022
Title: An ordinance amending Section 13.08.080 of the Metropolitan Code of Laws pertaining to the use of License Plate Scanner ("LPR") technology to exclude assisting with enforcing laws outlawing abortion or outlawing interstate travel to obtain an abortion as an allowed use of LPRs.
Sponsors: Bob Mendes, Colby Sledge, Brett Withers, Freddie OConnell, Gloria Hausser, Nancy VanReece, Sandra Sepulveda, Emily Benedict, Ginny Welsch, Delishia Porterfield

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An ordinance amending Section 13.08.080 of the Metropolitan Code of Laws pertaining to the use of License Plate Scanner (“LPR”) technology to exclude assisting with enforcing laws outlawing abortion or outlawing interstate travel to obtain an abortion as an allowed use of LPRs.

 

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WHEREAS, on June 24, 2022, the Supreme Court of the United States announced its decision in Dobbs v. Jackson Women's Health Organization, No. 19-1392, 142 S.Ct. 2228, a landmark decision in which the court held that the Constitution of the United States does not confer any right to abortion, overruling nearly 50 years of legal precedent established under Roe v. Wade and Planned Parenthood v. Casey; and

 

WHEREAS, shortly after this decision, the Office of Mayor John Cooper contacted the Metropolitan Human Resources Department to request an assessment of the current availability of employee benefits providing transportation, accommodation, and related costs when necessary to obtain medical treatment that is otherwise unavailable in Tennessee, and to initiate the process for extending such coverage, if necessary, through the Metropolitan Employee Benefit Board; and

 

WHEREAS, on July 19, 2022, the Metropolitan Council adopted Resolution No. RS2022-1646 requesting that the Metropolitan Employee Benefit Board assess the current availability of benefits providing transportation, accommodation, and related costs when necessary to obtain medical treatment unavailable in Tennessee; and to extend such coverage if not currently provided; and

 

WHEREAS, the Metropolitan Council supports the right to abortion access previously established under Roe v. Wade and finds that restrictions upon reproductive rights and private healthcare decisions threaten the safety and wellbeing of the residents of Nashville and Davidson County, particularly for women unable to travel to neighboring jurisdictions where abortion care is safe and legal; and

 

WHEREAS, Section 13.08.080 of the Metropolitan Code of Laws, providing for the current LPR law, is silent about whether Metro's LPRs may be used to assist with enforcing laws outlawing abortion or outlawing interstate travel to obtain an abortion; and

 

WHEREAS, it is important for the residents of Davidson County to know that LPR data collected by our local government will not be used to enforce any law related to receiving reproductive healthcare, including an abortion.

 

NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY:

 

Section 1.  That G(1)(a)(ii) of Section 13.08.080 of the Metropolitan Code of Laws is hereby amended by adding a new subpart at the end of the part as follows:

 

( )                      the enforcement of any law prohibiting, limiting, or criminalizing reproductive healthcare, including an abortion, or prohibiting, limiting, or criminalizing interstate travel for the purpose of obtaining reproductive healthcare, including an abortion.

 

Section 2.  Be it further enacted that this ordinance take effect immediately after its passage, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.

 

Agenda Analysis

Analysis

 

This ordinance amends Metropolitan Code of Laws Section 13.08.080.G(1)(a)(ii) to add a new subsection prohibiting the use of license plate scanner (“LPR”) technology for assisting with enforcing laws outlawing abortion or outlawing interstate travel to obtain an abortion. The Metropolitan Code of Laws has provisions governing what LPR may be used for and prohibited uses for LPR. This ordinance would add “the enforcement of any laws prohibiting, limiting, or criminalizing reproductive healthcare, including an abortion, or prohibiting, limiting, or criminalizing interstate travel for the purpose of obtaining reproductive healthcare, including an abortion” to the prohibited uses of LPR.