Judge won't let city off hook for donating taxpayer cash to abortionists
(Photo by Joe Kovacs)
A judge in New Mexico has refused to let city officials in Albuquerque off the hook for their decision to give $250,000 in taxpayer money to the abortionists at Planned Parenthood.
"We are pleased with the judge’s careful consideration of the case and look forward to the next stages of the litigation process," explained Reilly Stephens, counsel for the Liberty Justice Center. "Taxpayers should not—and under New Mexico’s Constitution, cannot—be forced to foot the bill for handouts to private companies that have made friends with the right politicians."
The ruling from District Judge Denise Barela Shepherd in Bernalillo County rejected the demand from city officials to dismiss the case.
Explained the Liberty Justice Center, "Last year, after the Supreme Court’s ruling overturning Roe v. Wade was leaked, the Albuquerque city council rushed to donate $250,000 in taxpayer money to Planned Parenthood of the Rocky Mountains, New Mexico’s regional affiliate of the organization. City councilwoman Tammy Fiebelkorn explained that she sponsored the donation 'to provide vital support for Planned Parenthood.'"
But such gifts aren't allowed by the state constitution, which has an "anti-donation clause," the legal team explained.
Albuquerque taxpayer Paul Gessing and local pregnancy resource center CareNet sued, contending the city was in violation of that constitutional provision, which bans making "a donation to or in aid of any person, association, or public or private corporation."
The court's ruling this week said the plaintiffs' case is creditable that a "deal" involving the city and the abortionists is a "sham," because it purports to buy services from the abortionists "while in fact paying out taxpayer money to a politically favored group."
Gessing said, "The city council’s donation didn’t just violate the state Constitution—it also violated taxpayers’ trust."
The judge noted that city officials took the money from an affordable housing program and gave it to Planned Parenthood, and council member Tammy Fiebelkorn confirmed the money was to "provide vital support for Planned Parenthood."
She later, at a council meeting, complained it was only $250,000, stating, "I would love to give Planned Parenthood way, way more money. … The reason it came about is because I am pro-choice. I am a supporter of Planned Parenthood. Period."
The judge noted the state's Anti-Donation clause "prohibits the use of state or local governmental funds to benefit private organizations. … The constitution makes no distinction as between 'donations,' whether they be for a good cause or a questionable. It prohibits them all."
The judge noted also prohibited are donations "disguised as business transactions."
The city, months after the donation, adopted a "contract" with Planned Parenthood, purporting to outline "deliverables."
But those apparently amounted to nothing more than providing "social services" to residents, without any measure to quantify those.
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