SEAFORD, Del. - The Mayor of Seaford is defending his city's actions regarding the controversial law. The Attorney General's lawsuit argues Seaford's ordinance violates state law. The state wants to stop it from going into effect.
Last month, the council voted to pause the ordinance and the city made clear it wanted the Delaware General Assembly to weigh in on the law's legality. Despite those actions, the state is moving forward with suing one of its own cities.
The ordinance, at the center of debates, is a very delicate one. It would require the burial or cremation of fetal remains from any abortion performed within city limits.
On Tuesday, Attorney General, Kathy Jennings, followed through with her threat to sue the city of Seaford calling the ordinance illegal.
Seaford mayor, David Genshaw, is not happy.
"We're a little disappointed. I never met the Attorney General. I don't know her but in my view the city has done an incredible job trying to move this slow. For the AG to file lawsuit the first day back in session, it's a little surprising. However, part of me is grateful to the Attorney General to bring this topic everyone's attention," says Mayor Genshaw.
Delaware's National Organization for Women (Delaware's NOW) is one organization that has also threatened to sue if the Seaford council passed the ordinance.
NOW's president applauds the attorney general and the state lawsuit.
"We do understand that staying in a lane is really important when we're talking about the operations of government. Seaford has grossly overstepped what their role is in leading a city. They aren't suppose to be talking about things that are mandating women's health," says Melissa Foremming.
The ordinance was introduced by the city council just weeks after planned parenthood of Delaware confirmed it would open a clinic in the city.
The city argues it has done everything possible to avoid litigation. First, it tabled the ordinance. Then, at the state's request, the city provided legal basis for it's authority and the city agreed to hold off on enforcing the ordinance while the state reviewed things.
