Original Article Inmates' advocates challenge Arpaio's abortion roadblocks Christina Leonard The Arizona Republic Oct. 15, 2004 12:00 AM Maricopa County Sheriff Joe Arpaio doesn't believe taxpayers should foot the bill to transport pregnant inmates to abortion facilities, at least not without a court order. He allows deputies to transport inmates only when it's medically necessary, and he doesn't believe abortions fall into that category. He's not alone. Several county jails in Arizona and nationwide have similar policies. But attorneys with the American Civil Liberties Union of Arizona are challenging the constitutionality of Arpaio's policy. Inmates, they say, shouldn't have to wait weeks or potentially months to obtain an order when an abortion is a constitutional right that doesn't disappear when a woman is sent to jail. "This is a very unreasonable policy, and it's a burden," ACLU attorney Angie Polizzi said. "Under Roe v. Wade, they shouldn't have to go through this burden." Roe vs. Wade is the 1973 Supreme Court decision legalizing abortion. Arpaio isn't budging: "We'll have to fight that through the legal system. I'm not going to surrender." The Sheriff's Office does not keep records on how many women have received abortions, according to Jack MacIntyre, an aide to Arpaio. He estimated that fewer than three women a year have the procedure while in jail. Of the 1,000 women in county jail currently, about 45 are pregnant. Arpaio, an abortion opponent, said his personal feelings have not affected his decision. He said he doesn't even like transporting the women under a judge's order. "I don't run a taxi service from jail to an abortion clinic and back," he said. "Where do you draw the line?" The lawsuit began in May when an unidentified inmate sought an abortion while inside Estrella Jail. She had prepaid for the services at a local clinic, but deputies refused to transport her without a court order. The inmate tried twice unsuccessfully to get an order. Court records do not provide an explanation why she was denied. Eight weeks passed before the inmate got help from Polizzi, who filed a temporary restraining order. A second judge granted the order a day before the inmate's 14th week of pregnancy, the last opportunity before a more invasive, riskier two-day procedure is required, Polizzi said. Although the inmate received the abortion, the attorneys wanted to continue the fight. "It's not the same as getting any other type of medically elective surgery," Polizzi said. "Once you exercise your right to choose, getting an abortion done timely is medically necessary." The civil case is in early stages of discovery in Maricopa County Superior Court. A court date has not been set. Arpaio said it's fine by him if the women have to wait for a court order: "The gal may have the baby by the time it gets through the court system. . . . But we'll take care of them in jail, like all medical conditions." Because it takes two deputies to guard an inmate, MacIntyre estimated it would cost about $1,000 in personnel costs alone for a 24-hour procedure. The county picks up the cost of births for inmates at about $4,100 for a normal delivery, Correctional Health Director Joseph Scalzo said. To get a court order, the inmate must hire an attorney because the public defender won't represent her in cases like this, Polizzi said. The attorney would likely file a motion for a court order, attend a hearing and wait for a judge's ruling, all of which could take several weeks. "Unfortunately, a lot of women may not choose to exercise their rights, especially if you have somebody down there who is poor and indigent," Polizzi said. "It's a very intimidating process." Similar policies exist elsewhere in the state: The Arizona Department of Corrections will transport prisoners to abortion clinics, but the prisoners and their families pick up all costs, including transportation. They do not need a court order. Pima County requires the woman to pay for the abortion but not transportation costs. She does not need a court order. Yavapai and Pinal counties consider abortions an elective procedure and ask for a court order. "Unless it's life-threatening, it's not something we would consider without a court order," said Pinal County Jail Cmdr. Jim Stewart, who added that they would examine requests on a case-by-case basis. Several other counties near major metropolitan areas in the Southwest make inmates obtain court orders for abortions. Texas' Harris County, which includes Houston, has the inmate obtain a court order with the date, time and clinic where it will take place, and she must pay for the procedure. "We've never freely given abortions or promoted it," spokeswoman Ann Whitaker said. Denver County has a similar policy. A spokeswoman there said they have not had an inmate receive an abortion in 19 years. Reporter Matt Dempsey contributed to this article.