Ariz. Judge Rules Sheriff Cannot Force Inmates To Prepay For Abortion Transportation

Main Category: Abortion
Also Included In: Public Health;  Litigation / Medical Malpractice
Article Date: 23 Oct 2009 - 4:00 PDT

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Arizona Superior Court Judge Robert Oberbillig ruled Tuesday that the Maricopa County, Ariz., Sheriff's Office cannot force inmates to prepay the cost of transportation to obtain an abortion, the Arizona Republic reports. The ruling adds to an existing injunction from 2005 that forbids the sheriff's office, which serves the Phoenix area, from demanding court orders before transporting inmates to abortion clinics. Sheriff Joe Arpaio appealed the injunction to the U.S. Supreme Court, which refused to hear the case. He also instituted a requirement that female inmates seeking abortion services would have to prepay $300 to $600 to cover the cost of transportation to a clinic unless they obtained a court order waiving the fee.

The American Civil Liberties Union of Arizona, representing the plaintiffs, said the prepayment requirement creates an obstacle to a woman's constitutional right to a timely abortion. According to ACLU attorney Brigitte Amiri, three plaintiffs in the case had their abortions delayed by four to seven weeks, placing their health in danger and interfering with their constitutional rights.

Deputy Sheriff Jack MacIntyre called the ruling "judicial activism" and said the court should have waited for a new case with a plaintiff who has yet to obtain an abortion. Amiri said doing that would "effectively mean that some women will lose their constitutional right and be forced to carry a child to term."

The sheriff's office plans to appeal the ruling (Kiefer, Arizona Republic, 10/21).

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