Supporting Reproductive Rights
Shall it be City policy and law to support, protect, and expand reproductive rights and services?
This measure requires 50%+1 affirmative votes to pass.
Digest by the Ballot Simplification Committee
The Way It Is Now:
The City’s Department of Public Health (DPH) offers reproductive health care. DPH supports the right to access the full range of reproductive health care, including abortions.
A “limited services pregnancy center” primarily provides services to pregnant people but does not provide abortion or emergency contraceptive services or referrals for such services. City law prohibits these centers from disseminating untrue or misleading information about the services they provide.
City law allows limited services pregnancy centers and clinics that provide abortions to operate primarily on the ground floor in designated districts in San Francisco.
State law prohibits the City from cooperating with or providing information to any law enforcement agency of another state or the federal government regarding a lawful abortion performed in California.
The Proposal:
Proposition O would declare it to be City policy to:
- Serve as a safe place for people seeking reproductive care, including abortions;
- Protect the rights of pregnant people to control their medical decisions;
- Safeguard the confidentiality of reproductive health information;
Proposition O would also:
- Create a Reproductive Freedom Fund that accepts grants and gifts to support reproductive rights and services;
- Require DPH to maintain a public website that lists facilities that provide abortions or emergency contraception or offer referrals for these services, and lists limited services pregnancy centers in San Francisco;
- Authorize DPH to post signs outside limited services pregnancy centers to inform the public that those facilities do not provide abortions or emergency contraception or offer referrals for these services; these signs would also indicate where to obtain these services;
- Limit City-funded facilities that provide abortions from requiring providers to have additional medical qualifications beyond those required by law;
- Prohibit City officials from providing information to law enforcement agencies of other states or the federal government concerning a person’s use or possession of contraception, use of in vitro fertilization, pregnancy status or choice to get an abortion; and
- Modify the City’s zoning law so that reproductive health clinics may operate in more areas of San Francisco, including all floors in nonresidential districts and corner lots in residential districts.
A "YES" Vote Means: If you vote "yes," you want City policy and law to support, protect and expand reproductive rights and services.
A "NO" Vote Means: If you vote "no," you do not want to make these changes.
Controller's Statement on "O"
City Controller Greg Wagner has issued the following statement on the fiscal impact of Proposition O:
The cost of the proposed ordinance, should it be approved by the voters, is dependent on decisions that the Mayor and Board of Supervisors make through the budget process, as an ordinance cannot bind future Mayors and Boards of Supervisors to provide funding for this or any other purpose. In my opinion, the annual administrative cost to implement the program created in the proposed measure, should future policymakers do so, is likely to be minimal ranging up to approximately $8,000 for the maintenance of signage.
The proposed ordinance would amend the Administrative Code to create a Reproductive Freedom Fund that can receive private dollars and City appropriations to support reproductive rights and services (Fund). The ordinance would require DPH to maintain a website to provide information to the public on reproductive health and would authorize DPH to install signs outside limited services pregnancy centers.
To the extent that future City funds are appropriated to the Fund, it may impact the cost of government but at a level that cannot be determined at this time. Depending on future budget decisions made by the Mayor and the Board of Supervisors and operational decisions made by the Department of Public Health, there may be costs to install signage at two limited services pregnancy centers in the City of approximately $4,000, with annual maintenance costs ranging up to approximately $8,000.
How "O" Got on the Ballot
On July 18, 2024, the Department of Elections received a proposed ordinance signed by Mayor Breed.
The Municipal Elections Code allows the Mayor to place an ordinance on the ballot in this manner.
The above statement is an impartial analysis of this measure. Arguments for and against this measure immediately follow. The full text can be found under Legal Text. Some of the words used in the ballot digest are explained in Words You Need to Know.
Arguments are the opinions of the authors and have not been checked for accuracy by any official agency. Arguments are printed as submitted. Spelling and grammatical errors have not been corrected.
Proponent’s Argument in Favor of Proposition O
Protect Reproductive Freedom – Vote Yes on Prop O!
Prop O – the San Francisco Reproductive Freedom Act – ensures that everyone in our city has the autonomy to make decisions about their reproductive health.
San Francisco is a city known for its progressive values, inclusivity, and unwavering commitment to individual rights. Prop O embodies these principles by protecting access to comprehensive reproductive healthcare, including safe and legal abortion services.
At a time when reproductive rights are under attack nationwide, and Donald Trump and J.D. Vance have proposed a nationwide abortion ban, it is imperative that San Francisco stands as a beacon of freedom and compassion.
Prop O affirms that we all deserve the right to make private health decisions without government interference.
Prop O, the San Francisco Reproductive Freedom Act, will:
- Guarantee that all residents, regardless of income, have access to necessary care, by ensuring continued funding for reproductive health services.
- Protect healthcare providers who deliver these essential services from political and legal attacks.
- Guarantee that education on reproductive health remains unbiased, factual, and available to all.
Passing Prop O is not just about preserving rights; it’s about protecting lives. Comprehensive reproductive care leads to healthier families and communities. Prop O ensures that women and all people who can become pregnant are not forced into dangerous or untenable situations.
I urge you to join me in supporting Prop O – the San Francisco Reproductive Freedom Act. Let's ensure that San Francisco remains a leader in upholding the dignity and rights of all residents.
Thank you for standing up for freedom and justice. Vote YES on Prop O.
Mayor London Breed
SFReproFreedom.com
Rebuttal to Proponent’s Argument in Favor of Proposition O
No Rebuttal to the Proponent’s Argument In Favor of Proposition O Was Submitted
Opponent's Argument Against Proposition O
This measure goes way beyond “pro-life versus pro-choice.” Prop O will discriminate against life-affirming healthcare facilities that San Francisco citizens depend on and lessen the number of services they can provide to the community.
A yes vote would:
- Require signs to be installed outside of free pro-life medical clinics in the city of San Francisco to advertise abortion centers. Nothing of the sort would be installed outside abortion centers.
- Create a designated coffer for soliciting grants, donations, and budgeted tax funds to pay for elective induced abortions up to 24 weeks gestation.
- Create a new website to highlight abortion businesses and disparage "limited service” centers. Because of the falsehoods Mayor Breed spread at her Prop O press conference about SF’s pregnancy resource centers, we feel this website will discourage people from interacting with those facilities and receiving quality care there. Rather than calling out material aid centers or clinics by name and citing negative reviews or violations of the law, governments have been increasingly castigating all PRCs categorically.
- Let new companies purchase and operate in any property zoned for non-residential use, as long as they are an abortion business.
- Limit city funding from going to health facilities that refuse to abort healthy fetuses or refuse to refer people to businesses that do. This special treatment limits the expansion of services that life-affirming facilities can make available to the public.
- Create an “Abortion Provider Appreciation Day” for the city. Most people who self-identify as pro-choice believe that elective abortion should be available only in the 1st trimester, but this measure would applaud doctors harming older fetuses.
Together, we must reject abortion extremism by voting NO on Prop O.
Melanie Salazar, Executive Director
Pro-Life San Francisco
Rebuttal to Opponent’s Argument Against Proposition O
Vote Yes on Prop O!
Stand Up to Extremists Threatening Our Reproductive Freedom
A Donald Trump-J.D Vance administration will be the most dangerous threat reproductive freedom has ever seen, as they work to ban abortion and take away reproductive freedom for all of us. 22 states already ban or severely restrict abortion.
San Franciscans can protect reproductive freedom by voting Yes on Proposition O – the San Francisco Reproductive Freedom Act.
Proposition O affirms and ensures that everyone in San Francisco has the autonomy to make decisions about their reproductive health, by protecting access to comprehensive reproductive healthcare, including safe and legal abortion services.
San Francisco has always led the nation, from legalizing gay marriage to being the first major city to shut down during the pandemic, saving thousands of lives. We don’t back down — we stand up to protect everyone's right to make choices about their own bodies.
Proposition O:
- Guarantees that all residents, regardless of income, have access to necessary care, by ensuring continued funding for reproductive health services.
- Protects healthcare providers who deliver these essential services from political and legal attacks.
- Guarantees that education on reproductive health remains unbiased and factual.
- Ensures that women and all people who can become pregnant are not forced into dangerous or untenable situations, but have safe, protected medical care.
Join us in supporting Proposition O to ensure San Francisco remains a leader in upholding the dignity and rights of all people.
Mayor London Breed
Supervisor Connie Chan
Supervisor Myrna Melgar
Supervisor Hillary Ronen
Supervisor Catherine Stefani
SFReproFreedom.com
Paid Arguments in Favor of Proposition O
1
ELECTED WOMEN OF SAN FRANCISCO SUPPORT YES ON O
As elected women representing San Francisco and California, we are united in our strong support for the San Francisco Reproductive Freedom Act.
In the face of increasing attacks on reproductive freedom nationwide, San Francisco must stand firm in protecting the rights and health of all residents. Yes on O ensures that everyone in our city has access to comprehensive reproductive health care, including contraception, abortion, and prenatal services. By enshrining these protections locally, we will establish a safe and supportive environment for all individuals to make their own health decisions.
Local action is essential in the fight for reproductive justice. While state and federal protections are crucial, local governments have a unique role in responding to the specific needs of their communities. Our city has a proud history of championing progressive values, and this initiative is a continuation of that legacy. It demonstrates our unwavering dedication to upholding the rights and autonomy of all San Franciscans.
Criminalizing abortion and restricting access to reproductive health care have devastating consequences, particularly for marginalized communities. These policies increase health risks, deepen inequalities, and undermine personal freedom. By passing Yes on O, we will ensure San Francisco remains a beacon of hope and justice, where every person's right to choose is respected and protected.
We urge you to vote Yes on O, the San Francisco Reproductive Freedom Act. Together, we can lead the way in defending reproductive rights nationwide.
Speaker Emerita Nancy Pelosi
Lieutenant Governor Eleni Kounalakis
State Controller Malia Cohen
The true source(s) of funds for the printing fee of this argument: Mayor Breed's Committee for Reproductive Freedom, Yes on O.
The sole contributor to the true source recipient committee: A San Francisco for All of Us.
2
MALE ELECTED LEADERS OF SAN FRANCISCO SUPPORT YES ON O
As male elected leaders of San Francisco, we stand united in strong support of Prop O — the San Francisco Reproductive Freedom Act. Reproductive health is not just a women's issue — it is a matter of fundamental human rights that impacts the wellbeing of our entire community. Men have a critical role to play in championing these rights, as they affect our partners, families, and broader society.
Reproductive freedom supports the health, autonomy, and economic security of everyone. Families are healthier and more stable when individuals have access to comprehensive reproductive healthcare, including contraception, abortion, and prenatal services. This initiative ensures that all San Franciscans, regardless of gender, can access the healthcare they need without fear of discrimination or political interference.
Criminalizing abortion and restricting access to reproductive healthcare leads to dangerous and unjust outcomes, disproportionately harming marginalized communities, including LGBTQ individuals. By supporting this initiative, we can protect the health and rights of all San Franciscans and affirm our city's commitment to justice and equity.
We urge you to vote YES on Prop O, the San Francisco Reproductive Freedom Act. Together, we can create a brighter, more equitable future for all.
Senator Scott Wiener
Assessor Joaquín Torres
Supervisor Matt Dorsey
Supervisor Joel Engardio
Supervisor Rafael Mandelman
Supervisor Aaron Peskin
Supervisor Dean Preston
Supervisor Ahsha Safaí
Supervisor Shamann Walton
The true source(s) of funds for the printing fee of this argument: Mayor Breed's Committee for Reproductive Freedom, Yes on O.
The sole contributor to the true source recipient committee: A San Francisco for All of Us.
3
PUBLIC SAFETY LEADERS OF SAN FRANCISCO SUPPORT YES ON O
As public safety officers, our primary responsibility is to protect the health of our community. The San Francisco Reproductive Freedom Act enhances public safety by safeguarding the rights and autonomy of individuals, ensuring that everyone has access to the care they need.
Access to reproductive health services, including abortion, is a fundamental aspect of community safety. When individuals are denied this access, it can lead to unsafe procedures, exacerbating public health crises and putting additional strain on our emergency response systems. By ensuring legal and safe access to these essential services, we can decrease the likelihood of dangerous, unregulated procedures and the potential harm they pose to individuals and communities alike.
Supporting the San Francisco Reproductive Freedom Act is not just a matter of health care; it is a commitment to the safety, dignity, and rights of all San Franciscans. As public safety officers, this Act aligns with our mission to protect and serve every member of our community. By supporting this Act, we are affirming that all residents of San Francisco, regardless of their circumstances, have the right to make informed decisions about their bodies and health without fear of violence, harassment, or legal repercussions.
Vote YES on the San Francisco Reproductive Freedom Act.
District Attorney Brooke Jenkins
Sheriff Paul Miyamoto
Debra Walker, Police Commissioner*
*For identification purposes only; author is signing as an individual and not on behalf of an organization.
The true source(s) of funds for the printing fee of this argument: Mayor Breed's Committee for Reproductive Freedom, Yes on O.
The sole contributor to the true source recipient committee: A San Francisco for All of Us.
4
ESSENTIAL ACCESS HEALTH SUPPORTS YES ON O!
Essential Access Health is proud to support the San Francisco Reproductive Freedom Act. Essential Access Health advances quality sexual and reproductive health care for all through funding, advocacy, research, training for providers and healthcare professionals, and youth empowerment.
As states across the country continue to enact callous and cruel abortion bans and restrictions, California and San Francisco have an opportunity and responsibility to use every tool possible to protect and expand access to essential health services. The Reproductive Freedom Act builds on San Francisco's long history of taking bold action in support of equity and justice, and provides a model for other cities to adopt and adapt.
This measure ensures that anyone seeking reproductive health care in San Francisco has accurate information about where they can receive comprehensive, medically accurate and unbiased care. It reinforces state protections to ensure that no one is criminalized for accessing reproductive health care, seeks to guarantee that reproductive services are affordable and accessible to all, counters manipulative tactics that delay access to time-sensitive care, and makes it easier for reproductive health centers to open in San Francisco.
Everyone, everywhere should be able to get the essential abortion care they want and need, where and how they need it, with dignity and respect. We urge San Franciscans to support this measure.
Shannon Olivieri Hovis, Vice President of Public Affairs, Essential Access Health
The true source(s) of funds for the printing fee of this argument: Mayor Breed's Committee for Reproductive Freedom, Yes on O.
The sole contributor to the true source recipient committee: A San Francisco for All of Us.
5
LGBTQ+ LEADERS SUPPORT PROP O
Criminalizing abortion and restricting access to reproductive health care disproportionately harm marginalized communities, including people of color, low-income individuals, and LGBTQ+ people.
Prop O, the San Francisco Reproductive Freedom Act ensures that every person, regardless of their background or identity, has access to comprehensive reproductive health care. At a time when reproductive rights are under attack nationwide, the right to make private health decisions without government interference is more important than ever.
Prop O empowers individuals to make decisions about their own bodies and futures, by guaranteeing access to essential health services, including contraception, abortion, and prenatal care.
San Francisco has always been a leader in progressive values, and now more than ever, we must take local action to protect reproductive rights. By passing Prop O, we can ensure that our city remains a beacon of hope and justice, setting an example for others across the state and our nation to follow.
We urge you to support Prop O, so that together, we can protect the rights and health of every person in our beloved city.
Honey Mahogany, Speaker Emerita, San Francisco Democratic Party
Alice B. Toklas LGBTQ Democratic Club
Harvey Milk LGBTQ Democratic Club
The true source(s) of funds for the printing fee of this argument: Mayor Breed's Committee for Reproductive Freedom, Yes on O.
The sole contributor to the true source recipient committee: A San Francisco for All of Us.
6
WOMEN OF THE SAN FRANCISCO DEMOCRATIC PARTY SUPPORT YES ON O
As elected members of the San Francisco Democratic Party, we stand united in our unwavering support for the San Francisco Reproductive Freedom Act. This measure is essential to ensuring that all individuals, regardless of gender, have the right and access to comprehensive reproductive health care.
Reproductive freedom empowers everyone to make informed decisions about their bodies and futures. This initiative embodies the inclusive values we champion as part of the Democratic Party, guaranteeing that all residents of San Francisco have access to vital health services, including contraception, abortion, and prenatal care.
Local leadership plays a crucial role in safeguarding these rights. While state and federal protections are critical, local governments have the unique ability to respond directly to the needs of their communities. By passing this initiative, San Francisco can lead the way in protecting reproductive freedom and setting an example for other cities to follow.
We urge you to vote in favor of the San Francisco Reproductive Freedom Ballot Initiative. Together, we can uphold the principles of justice and equality, ensuring that our city remains a leader in protecting the reproductive rights and health of all its residents. Let's continue to pave the way for a brighter, more inclusive future today and for future generations.
Nancy Tung, Chair, San Francisco Democratic Party
Carrie Barnes, Vice Chair, San Francisco Democratic Party
Emma Heiken Hare, Vice Chair, San Francisco Democratic Party
Michela Alioto-Pier, Member, San Francisco Democratic Party
Connie Chan, Member, San Francisco Democratic Party
Lanier Coles, Director, San Francisco Democratic Party
Lily Ho, Member, San Francisco Democratic Party
Marjan Philhour, Member, San Francisco Democratic Party
Catherine Stefani, Member, San Francisco Democratic Party
Jade Tu, Member, San Francisco Democratic Party
The true source(s) of funds for the printing fee of this argument: Mayor Breed's Committee for Reproductive Freedom, Yes on O.
The sole contributor to the true source recipient committee: A San Francisco for All of Us.
7
WOMEN'S ORGANIZATIONS SUPPORT PROP O!
Our nation is living under the very real threat that Donald Trump could be elected President once again. With that frightening possibility comes the very real possibility that he will work to institute a nationwide ban on abortion.
Here in San Francisco, Prop O is a step we can take right now to ensure that no matter what happens in the election, our city will protect women's autonomy over their bodies. It is imperative that San Francisco stands firm in its commitment to safeguarding these freedoms.
Prop O, the San Francisco Reproductive Freedom Act:
- Ensures that all women in San Francisco have access to safe and legal abortion services
- Protects healthcare providers from prosecution by other jurisdictions
- Prohibits the use of city funds to support out-of-state prosecutions
Voting YES on Prop O to stand up for women's rights, protect our healthcare providers, and promote gender equality.
Sophia Andary, VP Commissioner, San Francisco Commission on the Status of Women*
San Francisco Women's Political Committee
*For identification purposes only; author is signing as an individual and not on behalf of an organization.
The true source(s) of funds for the printing fee of this argument: Mayor Breed's Committee for Reproductive Freedom, Yes on O.
The sole contributor to the true source recipient committee: A San Francisco for All of Us.
8
San Francisco Young Democrats Support Prop O!
Young women and students often face significant barriers to accessing reproductive healthcare, including inadequate sex education and lack of access to contraception. And young people can face even more restrictions to abortion than adults; they have lower incomes making care cost prohibitive, they may have to travel long distances, or are reluctant to include a parent in their decision.
Prop O, the San Francisco Reproductive Freedom Act, guarantees that everyone has the necessary resources and support to make informed decisions about their bodies and futures.
Prop O mandates comprehensive reproductive health education, ensuring that young people are equipped with the knowledge to make safe choices.
Prop O requires clear information about where to access services.
Prop O protects healthcare providers from out-of-state prosecutions, ensuring that young people can receive care without fear of legal repercussions.
We support Prop O to empower the next generation, protect their reproductive rights, and ensure that San Francisco remains a city that values and supports its young people.
San Francisco Young Democrats
The true source(s) of funds for the printing fee of this argument: Mayor Breed's Committee for Reproductive Freedom, Yes on O.
The sole contributor to the true source recipient committee: A San Francisco for All of Us.
9
JEWISH LEADERS SUPPORT YES ON O
As a Senior Rabbi at Temple Emanu-EI in San Francisco, I am deeply committed to supporting the San Francisco Reproductive Freedom Act. Rooted in our Jewish faith and values, we believe in the sanctity of life, the dignity of individuals, and the importance of personal autonomy, including the right to make decisions about one's own body.
Jewish tradition emphasizes the importance of health, well-being, and the moral agency of individuals. Our faith teaches that every person is created in the image of the Divine and deserves respect and the ability to make choices that are right for them and their families. Reproductive freedom is a core aspect of this belief, as it allows individuals to exercise their moral and ethical judgment in deeply personal matters.
Prop O, The San Francisco Reproductive Freedom Act will protect these rights and ensure that our city remains a place where all people, regardless of their background or beliefs, can access the care they need. It is our duty to stand up for justice and ensure that everyone has the opportunity to live with dignity and autonomy.
I urge you to vote YES on Prop O, the San Francisco Reproductive Freedom Act.
Rabbi Rena Singer, Temple Emanu-EI
The true source(s) of funds for the printing fee of this argument: Mayor Breed's Committee for Reproductive Freedom, Yes on O.
The sole contributor to the true source recipient committee: A San Francisco for All of Us.
10
DEMOCRATIC PARTY LEADERS SUPPORT YES ON O!
As San Francisco Democratic County Central Committee leaders, we stand resolute in our commitment to protecting and expanding reproductive rights in San Francisco. Proposition O represents a bold and necessary step in ensuring that our city remains a safe haven for all individuals seeking comprehensive reproductive care, including abortions.
A YES vote on this measure will affirm San Francisco's dedication to safeguarding the right to make personal medical decisions without fear of misinformation, harassment, or legal repercussions. This proposition will strengthen the Department of Public Health's ability to provide clear, accurate information on available services and ensure that limited services pregnancy centers are transparent about the care they offer.
Proposition O will bolster access to essential services, protect patient confidentiality, and expand the availability of reproductive health clinics throughout the city. This measure will also fortify our city's stance against cooperating with out-of-state efforts to criminalize reproductive choices made within California.
Vote YES on Proposition O.
Trevor Chandler, DCCC Member
Mary Jung, former DCCC Chair
Nancy Tung, DCCC Chair
Lily Ho, DCCC Member
Michela Alioto Pier, DCCC Member
Carrie Barnes, DCCC Vice Chair
Supervisor Matt Dorsey, DCCC Member
Joe Sangirardi, DCCC Member
Cedric Akbar, DCCC Vice Chair
Marjan Philhour, DCCC Member
The true source(s) of funds for the printing fee of this argument: Trevor Chandler for Supervisor 2024.
Paid Arguments Against Proposition O
No Paid Arguments Against Proposition O Were Submitted
Legal Text
Proposition “Supporting Reproductive Rights”
Initiative ordinance amending the Administrative Code to 1) declare it official City policy to safeguard comprehensive reproductive freedoms; 2) establish a fund to receive monies to support reproductive rights and health services; 3) require the City to provide public information through website and signage about where abortions and emergency contraception may be available, including signage in front of limited services pregnancy centers that do not provide those services; 4) direct the City to identify and allocate funding that supports access to abortions and emergency contraception services in San Francisco; 5) prohibit City-funded providers from requiring providers to obtain additional medical qualifications not required by state or federal law; 6) restrict City officers and employees from cooperating with state or federal prosecutions as to reproductive health care that is provided or obtained lawfully in California; and 7) direct City departments to monitor changes in state and federal law that prevent discrimination on the basis of a person’s reproductive health decisionmaking; and amending the Planning Code to establish that reproductive health care centers that provide services for abortions and emergency contraception are principally permitted in non-residential zoning districts.
NOTE: Unchanged Code text and uncodified text are in plain font.
Additions to Codes are in single-underline italics Times New Roman font.
Deletions to Codes are in strikethrough italics Times New Roman font.
Asterisks (* * * *) indicate the omission of unchanged Code
subsections or parts of tables.
Be it ordained by the People of the City and County of San Francisco:
Section 1. Title.
This measure shall be known and may be cited as the “San Francisco Reproductive Freedom Act.”
Section 2. Purpose and Findings.
(a) Comprehensive reproductive health care is a fundamental human right that should not be taken away, restricted, or denied.
(b) Access to safe and legal abortions, contraception, in vitro fertilization, and accurate information about reproductive health is a critical factor in the health, safety, and quality of life of women and people with capacity for pregnancy.
(c) According to recent studies conducted at the University of California San Francisco, people who obtained an abortion presented with fewer mental health struggles, were more financially stable, and raised children under more stable conditions, as compared to people who were unable to receive abortions.
(d) Despite the vital importance of women and people with the capacity for pregnancy maintaining bodily autonomy and access to the reproductive health care services they need, all around the country, many states and municipalities are taking away these critical services.
(e) The landmark Roe v. Wade decision protected access to abortion for nearly 50 years, and the United States Supreme Court’s decision to overturn this long-established precedent took our country backwards and dramatically reduced access to abortion for millions of people. Many jurisdictions across the country have since weaponized their newfound ability to limit abortions, by criminalizing the procedure, controlling and monitoring pregnancies, and imposing onerous conditions on providers that make it harder and legally risky for them to operate.
(f) Access to abortion is fundamental to comprehensive reproductive health care. Abortion is a critical medical procedure that is the foundation of reproductive freedom and an essential aspect of routine pregnancy care and miscarriage management. Pregnant patients in states that restrict access to abortion are being forced to endure traumatic miscarriages, carry non-viable pregnancies, and experience other complications that can be life-threatening and dramatically risk their overall health and future fertility. Patients who need abortion care also are often forced to travel hours to access that care. If San Francisco residents or visitors experience difficulty or delays in obtaining care, it can lead them to seek more invasive and expensive options, endangering their health, and costs may fall upon City health facilities that provide medical services of last resort for patients who are indigent.
(g) San Francisco recognizes First Amendment protections including the freedom of speech and religion. This measure is not intended to curtail those protections. Instead, this measure is intended to ensure that factual, comprehensive, and science-based health care services can be accessible to all San Francisco residents and visitors.
(h) San Francisco has always been and will continue to be a City that strives to protect fundamental human rights.
(i) San Francisco will continue to be a beacon of hope, care, and compassion, including by upholding the right to access unbiased, fact-based health care.
(j) The City supports the autonomy of all women and people with capacity for pregnancy, including young people and members of the LGBTQ+ community, to exercise their reproductive rights and freedoms at any point in their pregnancy.
(k) San Francisco is a welcoming place for abortion clinics and providers.
(l) People in San Francisco should always be able to access reproductive health care services free from coercion, threat, violence, or fear.
(m) No person in San Francisco should be criminalized for the reproductive health decisions they make.
(n) Governments should not be involved in a person’s reproductive health care decisions, as those decisions should be made by an individual, along with their provider and any other natural supports they choose to include in these very personal decisions.
(o) San Francisco will remain a safe and secure place for women to access comprehensive reproductive health care, including accurate medical information, in vitro fertilization, contraception, and abortion.
Section 3. Article XIII of Chapter 10 of the Administrative Code is hereby amended by adding Section 10.100-265, to read as follows:
SEC. 10.100-265. REPRODUCTIVE FREEDOM FUND.
(a) Establishment of Fund. The Reproductive Freedom Fund (the “Fund”) is established as a category eight fund to receive all private grants, gifts, and bequests of money and property which may be offered to the City and County of San Francisco to support reproductive rights and health services.
(b) Use of Fund. The City shall use the Fund for the purpose of supporting comprehensive reproductive health, consistent with the San Francisco Reproductive Rights Policy set forth in Chapter 93A of the Administrative Code.
(c) Administration of Fund. The Department of Public Health shall administer the Fund.
Section 4. The Administrative Code is hereby amended by adding Chapter 93A, consisting of Sections 93A.1, 93A.2, 93A.3, and 93A.4, to read as follows:
CHAPTER 93A: SAN FRANCISCO REPRODUCTIVE RIGHTS POLICY
SEC. 93A.1. DECLARATION OF POLICY.
It shall be the official policy of the City and County of San Francisco to serve as a safe and welcoming place for patients seeking reproductive health care, to protect the rights of pregnant persons to bodily autonomy and control over their private medical decisions, and to safeguard confidential health information between patients seeking access to reproductive health care and their providers. To these ends:
(a) The City shall keep personally identifiable health information regarding reproductive health care confidential, and shall not disclose such information unless authorized or required by law. This policy does not prohibit the lawful use or disclosure of health information otherwise authorized by law for the purpose of providing medical care, social services, or similar assistance, or prohibit the lawful sharing of deidentified data for research purposes as provided by applicable law.
(b) It shall be against City policy to criminally investigate or prosecute a person for having accessed or provided reproductive health care, or to assist or cooperate with such an investigation or prosecution. This policy does not apply to cases involving the use of coercion or force against the pregnant person, or to cases based on conduct that was criminally negligent to the health of the pregnant person seeking care.
(c) The City shall ensure that City-funded reproductive health care providers provide accurate medical information as it relates to reproductive health care.
(d) March 10, or such other date approved by the Board of Supervisors by resolution, shall be known and celebrated in San Francisco as Abortion Provider Appreciation Day.
(e) The City shall endeavor to keep patients and providers safe, secure, and free from harassment or abuse when they are receiving and providing reproductive health care.
(f) The City Attorney is urged to continue supporting reproductive rights.
SEC. 93A.2. ACCESS TO REPRODUCTIVE HEALTH SERVICES.
(a) For purposes of this Chapter 93A, the terms “abortion,” client,” “emergency contraception,” “health information,” “licensed medical provider,” “limited services pregnancy center,” “pregnancy services center,” “premises,” and “prenatal care” shall be defined consistent with Administrative Code Chapter 93, as it may be amended from time to time. The findings and purposes of Chapter 93 are incorporated herein by reference.
(b) The Department of Public Health (“DPH”) shall maintain a website that lists pregnancy services centers in the City that provide or offer referrals for abortions or emergency contraception, as well as limited service pregnancy centers. In addition, the City shall maintain a non-emergency telephone number where members of the public can obtain information about where to obtain abortions and emergency contraception.
SEC. 93A.3. USE OF CITY FUNDS.
(a) The City shall identify and allocate funding that supports access to abortions and emergency contraception in San Francisco. The City shall allocate revenues from the Reproductive Rights Fund in Section 10.100-265 of the Administrative Code for these purposes, and may supplement monies in the Fund with additional City funds, subject to the budgetary and fiscal provisions set forth in the Charter.
(c) California Penal Code Section 13778.2(b) restricts City officers and employees from cooperating with or providing information to any individual or agency or department from another state or to a federal law enforcement agency regarding an abortion that is lawful under California law and performed in California. City officers and employees also may not cooperate with or provide information to any individual or agency or department from another state’s law enforcement agency or a federal law enforcement agency, regarding any of the following, to the extent they do not fall under 13778.2(b) as it may be amended from time to time: (1) a person’s possession or use of contraception; (2) a person’s use of in vitro fertilization; (3) a person’s pregnancy status; and (4) a person’s choice to get an abortion. This subsection (c) does not prohibit the use of City resources to investigate criminal activity in San Francisco that may involve the performance of an abortion, or any of the numbered items in the preceding sentence, provided that information relating to a specific individual is not shared for the purpose of enforcing another state’s abortion law or a federal abortion law. This subsection (c) also shall not be construed to obstruct the constitutional and statutory powers and duties of the District Attorney, the Sheriff, the Chief Adult Probation Officer, or the Chief Juvenile Probation Officer.
SEC. 93A.4. MONITORING AND PREVENTING DISCRIMINATION.
Existing law prohibits housing and employment discrimination on the basis of a person’s reproductive health decisionmaking. The Department on the Status of Women and the Department of Public Health shall monitor changes in these laws, and consider policy and legislative strategies to reinstate those protections in San Francisco if such laws are modified contrary to the San Francisco Reproductive Rights Policy in Section 93A.1.
Section 5. Articles 1 and 2 of the Planning Code are hereby amended by revising Section 102 and adding Section 202.5, to read as follows:
SEC. 102. DEFINITIONS.
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Reproductive Health Clinic. A Retail Sales and Service Use that is a clinic licensed pursuant to applicable provisions of the California Health and Safety Code that meets both of the following requirements: a) provides directly to patients medical services consisting of Abortions or Emergency Contraception as those terms are defined in Administrative Code Section 93.3; and b) primarily specializes in reproductive health services as defined in California Penal Code 423.1. A Reproductive Health Clinic that meets the foregoing requirements may also provide additional medical and allied health services by physicians or other healthcare professionals.
Required Open Space. See Open Space, Required.
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Service, Health. A Retail Sales and Service Use that provides medical and allied health services to the individual by physicians, surgeons, dentists, podiatrists, psychologists, psychiatrists, acupuncturists, chiropractors, Sole Practitioner massage therapists as defined in Section 29.5 of the Health Code, or any other health-care professionals when licensed by a State-sanctioned Board overseeing the provision of medically oriented services. It includes, without limitation, a clinic, primarily providing outpatient care in medical, psychiatric, or other health services, and not part of a Hospital or medical center, as defined by this Section of the Code, and Sole Practitioner Massage Establishments as defined in Section 29.5 of the Health Code, but does not include other Massage Establishments, which are defined elsewhere in this Code. Health Service does not include Reproductive Health Clinic, which is defined separately in this Section 102.
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SEC. 202.5. REPRODUCTIVE HEALTH CLINICS.
Notwithstanding any other provision of this Code, a Reproductive Health Clinic is a Principally Permitted use on all stories in all use districts, except the following residential districts: Residential, House (Section 209.1); Residential, Mixed (Section 209.2); and Residential, Transit-Oriented (Section 209.4). In the aforementioned residential districts, Reproductive Health Clinics shall be permitted as a Limited Corner Commercial Use pursuant to Section 231, to the same extent such uses were permitted under Section 231 as of the effective date of this ordinance. If development of a Reproductive Health Clinic would require Residential Conversion of a Residential Unit or Unauthorized Unit under Section 317, the development shall be subject to Section 317 and may require Conditional Use authorization, or may be prohibited in the aforementioned residential districts. It shall not be deemed a change in use for a Health Services use or a use categorized as Institutional under this Code to become a Reproductive Health Clinic use. For any Reproductive Health Clinic established prior to the effective date of the ordinance adding this Section 202.5, it shall not be deemed a change in use to revert to the use in existence prior to the effective date of said ordinance, such as Health Services.
Section 6. The Planning Department shall, within 120 days of the effective date of this ordinance, submit for introduction at the Board of Supervisors an ordinance that makes all changes necessary to conform the Planning Code to the requirements of Section 202.5 adopted herein, including but not limited to, amending Zoning Control Tables to list Reproductive Health Clinics as a Principally Permitted use.
Section 7. Amendments.
The Board of Supervisors may by ordinance, with a supermajority vote of at least eight votes, amend Sections 3, 4, 5, and 6 of this Ordinance, provided that any such amendment is in furtherance of the purposes stated in Section 2 of this Ordinance.
Section 8. Promotion of the General Welfare.
In undertaking the adoption and enforcement of this Ordinance, the City is undertaking only to promote the general welfare. It is not assuming, nor is it imposing on its officers and employees, an obligation for breach of which it is liable in money damages to any person who claims that such breach proximately caused injury.
Section 9. Severability.
(a) If any part or provision of this Ordinance, or the application thereof to any person or circumstance, is held invalid, the remainder of this Ordinance, including the application of such part or provision to other persons or circumstances, shall not be affected thereby and shall continue in full force and effect. To this end, the People of the City and County of San Francisco declare that the provisions and applications of this Ordinance are severable.
(b) Notwithstanding subsection (a), the amendment to the Planning Code Section 102 definition of Health Services in Section 5 of this Ordinance is not severable, in the event the definition of Reproductive Health Clinic added to Planning Code Section 102 is invalidated, and/or the first sentence of the new Planning Code Section 202.5 is invalidated.
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