SEAFORD, De- On Thursday night the Seaford City Council approved a temporary stay of its fetal remains ordinance. The result is the ordinance that was approved on Dec. 14 is no longer in effect. The stay is indefinite, meaning that the city could remove the stay and make the ordinance active again at any point in time.
Delaware's Attorney General Kathleen Jennings said the state would pursue legal action because Seaford doesn't have the authority to put this ordinance in place.
Executive Director of ACLU Delaware Mike Brickner expressed concerns as to just how much the benefactor would pay for costs of litigation.
Councilman James King voted against this, he told WRDE, "I feel the "stay enforcement" is just a stall tactic to delay the inevitable. I feel that this ordinance is a complete overreach of government."
Councilman Dan Henderson, who voted in favor of this ordinance, told WRDE in a statement:Â "I believe the purpose of tonight's meeting is to delay or eliminate the need for litigation. The result of tonight's meeting may indeed affect the state's strategy moving forward."Â
Discussion on what happens after an abortion has been happening since the announcement of a Planned Parenthood opening in Seaford.
Both Planned Parenthood of Delaware and the ACLU of Delaware hope the ordinance never goes into effect.
"We believe that this is illegal, it burdens a person's right to get an abortion and it's also a horrible invasion of privacy for anybody that's dealing with a miscarriage or abortion management," said Mike Brickner, the executive director of ACLU Delaware.
Mayor Genshaw says fetal remains should "be handled in a dignified manner and not as waste."
Councilman King says, "I feel that this ordinance is illegal- unconstitutional - and is a violation of civil rights."
Both Mayor Genshaw and Councilman Henderson have said the community remains supportive of this ordinance.
But Brickner feels otherwise.
"If they are really seeking to do right by the people of Seaford, I think they should repeal this law altogether," said Brickner.
Councilman Henderson adds that "If the defense of the ordinance prevails I expect it will be enacted because it was approved by a majority vote of the council."
Councilman Henderson says he is out of town and was unavailable to attend tonight's meeting.Â

