NEWS

Lebanon’s anti-abortion ordinance was passed in 2021.

PHOTO: GAYATRI MALHOTRA

ACLU Sues Lebanon Over Anti-Abortion Ordinance

e law criminalizes abortion providers and those who assist people in accessing an abortion.

BY MADELINE FENING

The American Civil Liberties Union of Ohio (ACLU) announced it is ling a federal lawsuit against the city of Lebanon on May 10, challenging the city’s ban on abortion that was passed in 2021. e announcement comes shortly after a leaked draft opinion from the U.S. Supreme Court indicated a majority of the court will vote to overturn the 1973 case Roe v. Wade that legalized abortion nationwide. e court is set to issue a ruling this summer.

Lebanon’s anti-abortion ordinance, passed in May of last year, deputizes individuals to report cases of abortion care within city limits, making no exception for cases of rape or incest. While the city does not have an abortion provider, the law punishes those who “aid or abet” a prohibited abortion, according to the ACLU. e law criminalizes abortion providers and those who assist people in accessing an abortion as a misdemeanor, punishable by up to six months in jail and a $1,000 ne. Assistance includes providing advice, funds, transportation and other assistance to those seeking abortion care. A provision of the ordinance also makes the possession of “abortion-inducing drugs” illegal. e lawsuit claims the ordinance’s language does not clearly de ne what it means to aid and abet.

“ e term ‘abortion-inducing drugs’ is de ned to include ‘mifepristone, misoprostol, and any drug or medication that is used to terminate the life of an unborn child.’ But it is unclear whether someone who drives a patient home from an abortion clinic with misoprostol would be considered to ‘possess’ misoprostol, and under what circumstances,” the complaint reads. e complaint also alleges the term “abortion doula services” is used without a detailed de nition in the ordinance, making it di cult to know what conduct is prohibited in the city.

“Not all abortion doulas provide the same services or provide them in the same way,” the complaint reads.

While Lebanon is the only city in the state to have an anti-abortion ordinance (self-described as a “sanctuary city for the unborn”), Ohio is likely to ban abortion if the Supreme Court overturns Roe v. Wade. An attorney with the ACLU of Ohio said the language in Lebanon’s ban makes it illegal in several ways, including violating due process and freedom of speech.

“In the wake of the recent news of the Supreme Court’s leaked decision overturning Roe v. Wade, it’s all the more important to continue to defend abortion access and ensure that municipalities cannot criminalize lawful activity through vague, sweeping bans,” Jessie Hill, cooperating attorney for the ACLU of Ohio, said in a release. “ e ordinance’s vagueness, coupled with its potentially sweeping breadth, render it unlawful on multiple fronts.”

Hill later emailed additional thoughts to CityBeat.

“Lawsuits like this take a while to put together, so yes, it has been in the works for a while. But the bigger point is that this lawsuit is not dependent on whether Roe v. Wade is overruled or not. We are arguing that the Lebanon law is vague and overbroad, and it criminalizes constitutionally protected free speech, such as giving truthful information about abortion,” Hill said.

“So even if Roe is overruled and the government is permitted to criminalize ‘aiding and abetting’ an abortion, it cannot do so in a way that is vague and impossible for ordinary people to understand and comply with. It also can’t violate the limits laid out in the Ohio Constitution on the powers of municipalities to create crimes, which this law does,” Hill continued.

Hill also noted that Lebanon’s ordinance has no geographical limitations, “so it’s not clear whether it can even apply to people helping people travel out of state for abortions,” Hill said. e ACLU lawsuit was led with the National Association of Social Workers (NASW) and Women Have Options – Ohio (WHO/O). Danielle Smith, NASW executive director, said in a release that the language of the ordinance prevents social workers from doing their job.

“Social workers are obligated to abide by the standards set forth in the National Association of Social Workers’ Code of Ethics and as state-licensed professionals legally required to follow the Ohio laws and rules that stipulate that social workers are to provide support to clients in alignment with what they self-determine is in their best interest. is ordinance thus asks social workers to defy their guiding principles for practice and their ethical obligations to their client or face criminal action,” Smith says. e plainti s are asking the U.S. District Court for the Southern District of Ohio to declare the ban unconstitutional, to stop the city from enforcing the ban and to award the plainti s’ attorney fees.

The ACLU says language in Lebanon’s abortion ban violates due process and freedom of speech.

PHOTO: GAYATRI MALHOTRA

Hamilton County Now Offers Free Fentanyl Detection Strips to Help Reduce Local Overdose Deaths

BY ALLISON BABKA AND MADELINE FENING

Hamilton County now has another weapon in the ght against fentanylrelated deaths.

During the Hamilton County Commissioners meeting on May 10, health commissioner Greg Kesterman announced that county residents now can request fentanyl test strip kits by texting “FTS” to 22999. e test strips are free, and no name is required to receive them – just an address to where the strips can be mailed.

Fentanyl is a legal, potent opioid that frequently causes overdose deaths when misused. It often is laced into illegal substances like cocaine and heroin, and many users don’t know if what they’re taking has fentanyl in it.

Kesterman said that Hamilton County residents who plan to use illegal substances can rst test those substances to see if fentanyl is present, noting that the county’s goal is preventing deaths. He said that fentanyl was “extremely deadly.”

“ e key is that folks use these test strips before using any kind of illegal substance. Obviously it’s best that somebody doesn’t use the illegal substance, but if somebody has made the purchase, they are de nitely planning on using it. By testing, they are able to alter their behavior,” Kesterman told commissioners on the United States’ rst-ever National Fentanyl Awareness Day.

As CityBeat reported in April, the standard protocol to test a batch of drugs for fentanyl involves dissolving a small amount of the drug in water and dipping a detection strip into it for 15 seconds. e strip then is placed on a at surface for ve minutes, when colored lines will indicate whether or not fentanyl is present. Typically, one line indicates that there is fentanyl in the

drug and two lines means there isn’t, but packaging will show instructions and how to determine if the test is valid.

Kesterman said that the mere act of testing drugs for fentanyl can change someone’s trajectory.

“ rough my team’s work over the last several years, we have actually known that 75% of people that use a test strip alter their behavior. ey may choose to use with someone else that can help save them should they have a bad reaction to the fentanyl, they might choose not to use it at all, or they might make sure that they have Narcan (brand name of naloxone, a nasal spray used to stop a drug overdose) before using that substance,” Kesterman said.

“Obviously our number-one goal 100% of the time is getting people into treatment, but we know sometimes folks are using it (recreationally) and are not going to get access to treatment or not choose to get treatment because they don’t feel that they are addicted, so this is another tool to help keep people alive,” Kesterman continued.

Fentanyl is tasteless and colorless, with no smell or discernible features.

“We know that people are using recreationally and don’t know what they’re using because they’re buying them o the streets. ese test strips then can become lifesavers,” Denise Driehaus, one of Hamilton County’s commissioners, told Kesterman during the meeting. “I have Narcan in my purse but I don’t have any test strips, so it’s interesting to look at these and see how easy they are to use for someone who maybe got a pill from a friend or something and they need to know what’s in that pill.”

Kesterman said that when Hamilton County residents text “FTS” to 22999, they will receive three links. One link goes to a form to request fentanyl test strips, one features instructions for using the strips, and one has information about where people outside of Hamilton County can obtain strips via the SOAR Initiative.

CityBeat went through the fentanyl test strip request procedure via text on May 12 and received the three links. e request form asked for an address where the county can mail the test strips; it did not ask for a name associated with that address. However, users must a rm that they have read the instructions for using the strips. CityBeat successfully submitted the form.

Fentanyl-laced party drug overdoses have become a rising problem in Cincinnati, Hamilton County and elsewhere in recent years. O cials from Harm Reduction Ohio, a nonpro t that tracks Ohio drug data, say that around 5,300 Ohioans died of an overdose in 2021, and 1,497 of those deaths were cocaine related. Data from the Ohio Department of Health on mortality shows that at least 1,083 of those cocaine deaths were caused by laced fentanyl.

Hamilton County is one of Ohio’s top 10 counties for overdose deaths as a result of cocaine, according to data analyzed by Harm Reduction Ohio.

Data from Ohio’s crime lab also shows an uptick in fentanyl appearing in other drugs at the onset of the pandemic, jumping from 21.8% to 29.5% in the second quarter of 2020. at number remained steady until the end of 2021, when lacing hit a record high of 35.9%.

In an e ort to help reduce overdoses, bar and restaurant owners and managers have been reaching out to Harm Reduction Ohio for Narcan training, and many are making fentanyl detection strips available to customers.

Harm Reduction Ohio o ers free naloxone and fentanyl test strips at harmreductionohio.org. Participants must complete a training video to place an order. ose who are looking for inperson training and supplies can email CCS at ccscincy@gmail.com.

Naloxone and test strips also are available through other local organizations and pharmacies. Greater Cincinnati HIV/AIDS service organization Caracole has a harm reduction supply vending machine available 24/7 at its Northside headquarters (4138 Hamilton Ave.) that dispenses naloxone and test strips for free. First-time users must complete a survey before getting a 90-day access code. e SOAR Initiative also mails free fentanyl test strips by request on its website thesoarinitiative.org.

Drug stores such as CVS and Walgreens dispense naloxone, though it is not free. Many insurance companies will pay for or reimburse people for brand-name and generic naloxone, but those without insurance are on the hook for a $90-$140 charge.

Cincinnati Bengals Announce 2022-2023 Schedule

BY ALLISON BABKA

e Cincinnati Bengals are hoping that some of last season’s Super Bowl magic will stick around this year. e Bengals announced the 20222023 regular-season schedule on May 12, and it’s brimming with both longstanding and newer rivalries, including an exciting home slate.

Fans can watch the Bengals in primetime a whopping ve times this season. At Paul Brown Stadium, the team will battle the Miami Dolphins at 8:15 p.m. Sept. 29 (viewable on Prime Video) and the Bu alo Bills at 8:30 p.m. Jan. 2 (ABC/ESPN). On the road, the Bengals will take on the Baltamore Ravens at 8:20 p.m. Oct. 9 (NBC), the Cleveland Browns at 8:15 p.m. on Halloween (ESPN) and the Pittsburgh Steelers at 8:20 p.m. on Nov. 20 (NBC). e team’s primetime spots are the maximum permitted by the NFL.

See the full schedule and viewing opportunities at bengals.com. 1 p.m. Sept. 11 vs. Pittsburgh Steelers (home) 4:25 p.m. Sept. 18 vs. Dallas Cowboys (away) 1 p.m. Sept. 25 vs. New York Jets (away)

8:15 p.m. Sept. 29 vs. Miami Dolphins (home)

8:20 p.m. Oct. 9 vs. Baltimore Ravens (away) 1 p.m. Oct. 16 vs. New Orleans Saints (away)

1 p.m. Oct. 23 vs. Atlanta Falcons (home)

8:15 p.m. Oct. 31 vs. Cleveland Browns (away)

1 p.m. Nov. 6 vs. Carolina Panthers (home)

8:20 p.m. Nov. 20 vs. Pittsburgh Steelers (away) 1 p.m. Nov. 27 vs. Tennessee Titans (away)

4:25 p.m. Dec. 4 vs. Kansas City Chiefs (home) 1 p.m. Dec. 11 vs. Cleveland Browns (home)

4:25 p.m. Dec. 28 vs. Tampa Bay Buccaneers (away) 1 p.m. Dec. 24 vs. New England Patriots (away)

8:30 p.m. Jan. 2 vs. Bu alo Bills (home) TBD Jan. 7 or 8 vs. Baltimore Ravens (home)