Aurora wants parental notification ordinance

Three aldermen are supporting a push to pass a parental notification ordinance in Aurora, though at least one group says the city doesn't have the power to create such a law.

Aldermen Rick Lawrence, Chris Beykirch and Richard Irvin will present a draft proposal at today's government operations committee meeting at 4:30 p.m. at the Aldermen's Office, 60 E. Downer Place.

The proposal requires doctors to notify a parent or guardian at least 48 hours in advance of a medical procedure involving anyone younger than 18. There are exceptions, such as in emergencies.

The ordinance isn't targeting abortions, Lawrence said, but applies to any medical procedure, including prescribing medications.

Beykirch and Irvin will talk about why Aurora should pass such a law and some of the challenges it could face, Lawrence said.

Ultimately, he said, they believe a parent has a right to know what a doctor is doing to their child.

"We understand there's challenges and different laws out there," he said. "We'll find a way to do this thing."

The American Civil Liberties Union of Illinois isn't so sure.

Aurora, as a home-rule community, doesn't have the power to create such a law, said Lorie Chaiten, director of the Reproductive Rights Project for the Illinois ACLU.

Only the state has the authority to regulate medical practice, she said, and case law also has shown a home-rule town cannot pass laws that dictate conduct within the state court system.

"I don't know how they'll get around it," she said. "The ordinance he's proposing now is clearly in violation of home-rule law."

That hasn't deterred Lawrence, who said, "We're not walking away because a couple people are saying you can't do it."

The proposal is a work-in-progress, he said. After today's meeting, they'll likely request the issue be put on hold as their team of outside lawyers continues to work on it.

"Who knows what the (final) ordinance will look like?" Lawrence said. "Maybe it's not parental notification; maybe it's another way to regulate it."

At the least, he said, the city could try to pass a resolution urging the state to enforce its parental notice law.

In 1995, the state passed a parental notice law for women seeking abortions. A federal court blocked it from taking effect because it failed to include clear "judicial bypass" rules for minors seeking exceptions, Chaiten said.

In 2006, the Illinois Supreme Court adopted the required rules. But the ACLU has challenged the law, saying it's unconstitutional and the state's busy circuit courts aren't ready to implement the bypass laws.

A federal judge is reviewing the case and it's unclear when a ruling could come, Chaiten said.

"We feel very strongly this remains unconstitutional," she said. "We will continue to fight to keep it enjoined before federal court."