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Rolla council debates 'Sanctuary City for the Unborn' ordinance; no formal action taken

Rolla City Council · January 6, 2025
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Summary

Councilman Joshua Vroman pushed a proposal to allow private lawsuits tied to federal statutes; Mayor Louis Magdits and several council members questioned whether the city should pursue local litigation and asked for a written ordinance to be submitted for future consideration. Public commenters were sharply divided.

Council members on Monday night debated whether Rolla should pursue a local ordinance framed in the meeting as a “Sanctuary City for the Unborn,” a measure Councilman Joshua Vroman said would create a local private cause of action tied to federal law.

Vroman told the council the draft ordinance was designed so “Amendment 3 work[s] within the confines of the federal statutes,” and said the text would point to the Comstock Act to create a mechanism for private citizens to sue. City Counselor Nathan Nickolaus warned the council that creating a local government cause of action could be legally complex and noted that existing federal remedies such as the RICO statute provide other enforcement avenues. "The proposed ordinance would likely give the citizens of Rolla an independent cause of action though I was unsure of how that would work," Nickolaus said during the discussion.

Mayor Louis J. Magdits IV and several council members questioned whether a local ordinance was the appropriate venue for the issue. Councilman Matt Fridley urged caution, saying he did not want the city to become involved in protracted litigation or attract negative publicity. "I fail to see how involvement would benefit the citizens of Rolla," Fridley said. Hahn and others warned the Municipal Court might not be equipped to adjudicate novel suits brought under the proposed language.

Council members voted on several procedural motions tied to the item but did not advance a formal first reading. A motion to have outside speakers (including Mark Lee Dixon) come to the stand passed on a 5–5 vote that the mayor broke against; attempts to either table or to schedule a first reading ultimately failed. Vroman subsequently withdrew a motion to schedule a first reading and was directed to submit a clean, updated draft to be placed under "Council Comments" at the next meeting if he wished to pursue it further.

During the citizen-comment period, speakers were divided. Residents including Lyndsey Bagnall and Britt Giger urged council members to avoid litigation and focus on growth and university relations. Several commenters, including Dr. Jenny Penny Cook, expressed concern that the ordinance as drafted could affect prescribing and pharmacy practices beyond abortion care and could require patients to disclose clinical information they consider private. Brian Westbook, representing Coalition Life in St. Louis County, urged adoption; Vroman said he had invited Westbook and Mark Lee Dixon to speak at the meeting.

City Counselor Nickolaus repeatedly advised Council that legal advice should come only from counsel and cautioned against relying on non-attorneys for legal interpretation. The council took no substantive vote on the ordinance itself. Vroman was asked to submit the ordinance text for placement on the next agenda under Council Comments; no formal adoption, referral, or first reading occurred at the Jan. 6 meeting.

What happens next: Council members agreed that Vroman may submit a revised ordinance for placement on a future agenda; no formal timeline was set.