New York
New York County Clerk Blocks Texas Court Filing Against Doctor Over Abortion Pills
A New York county clerk on Thursday blocked Texas from filing a legal action against a New York doctor for prescribing and sending abortion pills to a Texas woman.
The unprecedented move catapults the interstate abortion wars to a new level, setting the stage for a high-stakes legal battle between states that ban abortion and states that support abortion rights.
The dispute is widely expected to reach the Supreme Court, pitting Texas, which has a near-total abortion ban, against New York, which has a shield law that is intended to protect abortion providers who send medications to patients in other states.
New York is one of eight states that have enacted “telemedicine abortion shield laws” after the Supreme Court overturned the national right to an abortion in 2022. The laws prevent officials from extraditing abortion providers to other states or from responding to subpoenas and other legal actions — a stark departure from typical interstate practices of cooperating in such cases.
The action by the New York county clerk is the first time that an abortion shield law has been used.
This case involves Dr. Margaret Daley Carpenter of New Paltz, N.Y., who works with telemedicine abortion organizations to provide abortion pills to patients across the country. In December, the Texas attorney general, Ken Paxton, sued Dr. Carpenter, who is not licensed in Texas, accusing her of sending abortion pills to a Texas woman, in violation of the state’s ban.
Dr. Carpenter and her lawyers did not respond to the lawsuit and did not show up for a court hearing last month in Texas. Judge Bryan Gantt of Collin County District Court issued a default judgment, ordering Dr. Carpenter to pay a penalty of $113,000 and to stop sending abortion medication to Texas.
On Thursday, citing New York’s shield law, the acting clerk of Ulster County in Kingston, N.Y., Taylor Bruck, said he would not grant Texas’ motion seeking to enforce the Collin County order. He also refused to allow Texas to file a summons that sought to force Dr. Carpenter to pay the penalty and comply with the Texas ruling.
“In accordance with the New York State Shield Law, I have refused this filing and will refuse any similar filings that may come to our office,” Mr. Bruck said in a statement. “Since this decision is likely to result in further litigation, I must refrain from discussing specific details about the situation.”
New York’s attorney general, Letitia James, had previously sent guidance to courts and officials throughout the state, directing them to follow the shield law and indicating how they could comply and which specific actions were prohibited.
“I commend the Ulster County Clerk for doing what is right,” Ms. James said in a statement. “New York’s shield law was created to protect patients and providers from out-of-state anti-choice attacks, and we will not allow anyone to undermine health care providers’ ability to deliver necessary care to their patients. My office will always defend New York’s medical professionals and the people they serve.”
The Texas attorney general’s office did not immediately respond to a request for comment. Legal experts said that a likely next step would be for Texas to file a challenge to the shield law in a state or federal court in New York.
Texas was the first state with an abortion ban to initiate legal action against abortion providers in states with shield laws. In January, the first criminal charges against a shield-law abortion provider were filed in a second state, Louisiana. In that case, a state grand jury issued a criminal indictment, also against Dr. Carpenter, accusing her of violating Louisiana’s near-total abortion ban by sending pills to that state.
Last month, Louisiana officials issued an extradition order for Dr. Carpenter, which was immediately rebuffed by New York’s governor, Kathy Hochul.
“I will not be signing an extradition order that came from the governor of Louisiana — not now, not ever,” Ms. Hochul said then.
Dr. Carpenter and her lawyers have not commented about either the Texas or Louisiana case. The Abortion Coalition for Telemedicine, an organization Dr. Carpenter co-founded, has issued statements in response to the cases. “Shield laws are essential in safeguarding and enabling abortion care regardless of a patient’s ZIP code or ability to pay,” the coalition has said. “They are fundamental to ensuring everyone can access reproductive health care as a human right.”
Telemedicine abortion shield laws have become a key strategy for supporters of abortion rights. Under these laws, which have been in use since summer 2023, health care providers in states where abortion is legal have been sending more than 10,000 abortion pills per month to patients in states with abortion bans or restrictions.
The Texas lawsuit accuses Dr. Carpenter of providing a 20-year-old woman with the two medications used in a standard abortion regimen, mifepristone and misoprostol. Typically used up through 12 weeks into pregnancy, mifepristone blocks a hormone needed for pregnancies to develop, and misoprostol, taken 24 to 48 hours later, causes contractions similar to a miscarriage.
According to a complaint filed by the Texas attorney general’s office, the woman, who had been nine weeks pregnant, asked the “biological father of her unborn child” to take her to the emergency room in July “because of hemorrhage or severe bleeding.” The man “suspected that the biological mother had in fact done something to contribute to the miscarriage,” the suit said, and he went back to their home in Collin County, where he “discovered the two above-referenced medications from Carpenter.”
In the Collin County court hearing last month, Ernest C. Garcia, chief of the administrative law division in the attorney general’s office, said that the man “then filed a complaint with the Texas Attorney General’s Office.”
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What if the city …
Added More Metered Spots in Busy Neighborhoods
Less than 3 percent of parking spaces on New York City streets have paid meters. That’s only about 80,000 spots.
Most of the meters that do exist are along busy corridors, with higher hourly rates in the core of Manhattan.
Where are NYC’s parking meters?
The placement of meters often feels arbitrary. Much of the East Village, a busy Manhattan neighborhood, has no meters. Nostrand Avenue, a major artery in Brooklyn, has meters over most of a five-mile stretch, but they end abruptly north of Fulton Street.
A busy commercial corridor in Bedford-Stuyvesant lacks meters
Adding more meters in busy neighborhoods could improve turnover for spots, research suggests, and raise revenue for the city.
Seeking alternatives to avoid paying for meters overnight, car owners may choose to move to garages — which can cost $500 per month or more, depending on the neighborhood — park farther afield, or sell their cars. They could also turn to car-share programs, which set aside parking for shared vehicles.
When the city tries to add meters, there is often fierce opposition from neighbors, including on the Upper West Side of Manhattan last year, where residents revolted, the local City Council member complained people had been “blindsided” and the city backed down.
Critics argue that those pushing for reforms “hate people who own cars,” in the words of Vickie Paladino, a City Council member who represents a district in Queens that is home to many car owners.
How realistic is this? The city can add additional meters on its own without needing permission from state lawmakers in Albany. Dean Fuleihan, Mr. Mamdani’s first deputy mayor, gave supporters hope when he said in March that he was open to the idea.
How much could it raise? Parking meters currently generate $278 million in revenue per year. Adding meters to one-fourth of the city’s existing free parking spaces, for example, could produce at least $1.2 billion annually, according to the Center for an Urban Future.
What if the city …
Introduced Residential Parking Permits
Most parking on residential streets is open to all drivers, not just those who live nearby. But many other major U.S. cities, including Los Angeles and Chicago, have permits to reserve street parking for neighborhood residents.
Residential parking permits in New York could cost anywhere from $100 per year to far more than that, experts say, with higher rates potentially prodding some residents to give up their cars. Some spots could be set aside for visitors.
But permits would not necessarily solve the problem of the demand for parking outpacing the supply. And some transit groups oppose the idea, arguing that there are better ways to use the street space and that parking should not be guaranteed.
Rachel Weinberger, a vice president at the Regional Plan Association, an urban planning think tank, said that permits alone would not make parking easier. She also argued they would have to be prohibitively expensive in order to deter ownership.
“A permit would only be a hunting license, meaning that you’re allowed to look for a space,” she said. “It should mean you’re guaranteed a space.”
How much do cities charge for residential parking permits?
Boston
No fee
Chicago
$30
Los Angeles
$34
Washington, D.C.
$55*
Philadelphia
$75
Berkeley, Calif.
$85
San Francisco
$215
Experts say that permits could also be paired with an incentive for drivers: fewer alternate side-parking days for street sweeping. Most drivers are required to move their cars once or twice a week so the streets can be cleaned, and some choose instead to leave them in place and eat the costs of the $65 tickets they receive. Moving to monthly street sweeping could make the prospect of buying a permit more appealing.
How realistic is this? Residential permits would need to be approved by state lawmakers. Momentum for the idea grew after congestion pricing began in Manhattan, over concerns that drivers from outside the city would park outside the zone and take the subway in. It has support from Mark Levine, the city comptroller, and Carmen De La Rosa, a City Council member in northern Manhattan.
How much could it raise? If a permit cost $100 per year and was required in two-thirds of the city, that could raise roughly $200 million per year, minus administrative costs, according to Terrance J. Regan, an adjunct professor at Boston University who focuses on transportation policy. The city’s Independent Budget Office recommended starting with a smaller pilot program that would raise $6 million annually by the third year.
What if the city …
Ended Free Parking and Implemented Dynamic Pricing
Some urban planners want to phase out free parking altogether.
Transportation Alternatives, a street safety group, has pushed for eliminating free parking and argued that the city would benefit if fewer car trips were made.
“If you look around the world, there are many other transit-oriented cities that are safer, more efficient and healthier,” said Ben Furnas, the group’s executive director.
The city could reclaim many miles of streets, which proponents argue could be better used for public spaces, bus lanes, bike lanes, outdoor dining setups and trash containers.
Paid parking spaces could use dynamic pricing, a system where the cost of a spot varies by demand. Right now, parking rates are as low as $1.50 for the first hour.
Critics of such pricing models have argued that higher street-parking costs could hurt lower-income drivers or local businesses that rely on drivers. In 2019, Hoboken, N.J., announced a version of dynamic pricing on high-demand blocks, but the mayor and City Council repealed the plan after some resident opposition.
But the idea has worked elsewhere. In 2018, after a successful pilot, the San Francisco Municipal Transportation Agency implemented demand-based pricing for the 10 percent of the city’s parking spots that are paid spaces, roughly 27,000 in all.
An evaluation of the pilot found that drivers spent 43 percent less time searching for a parking space, which in turn helped reduce car-based pollution. And once parking became easier, sales revenue increased for nearby businesses.
The rates in San Francisco can vary by block, time of day, or day of the week. Meters on the busiest blocks cost $11.75 an hour. The agency regularly reviews parking meter data and occupancy rates and decides whether to raise or lower rates.
Charles Komanoff, an economist and traffic modeler who helped create New York’s congestion pricing program, said dynamic pricing for parking could do even more than the tolls did to improve the flow of traffic here.
“I can’t imagine anything better,” he said.
How realistic is this? The Transportation Department could implement dynamic pricing, but a legislative push would most likely hasten change. Nantasha M. Williams, a City Council member representing Southeast Queens, has proposed a bill that would require a dynamic pricing pilot program in each borough. Eliminating all free parking would be a far more dramatic proposal, though supporters say it could be done in phases over several years.
How much could it raise? Parking reformists said the city could potentially raise billions of dollars a year under a dynamic parking system — money that could be reinvested into the neighborhoods where the fees are collected.
What if the city …
Cracked Down on Rule-Breakers
None of these plans work unless drivers obey the rules.
The city last year issued more than 11.6 million violations for parking and related offenses, according to a report by the Department of Finance, including for failing to move for street sweepers (1.8 million), not displaying a parking receipt (1.2 million), blocking a fire hydrant (674,000) and obstructing a bus stop (565,000).
In 1996, Mayor Rudolph W. Giuliani moved the city’s traffic enforcement agents, the unarmed civilians who write tickets for parking and other traffic violations, from the Transportation Department to the Police Department.
Some parking reformers say the shift weakened enforcement efforts, in part because the police have not focused on some of the most flagrant traffic violations.
They say that either the police should start issuing more tickets and collecting more fines, or they should allow the Transportation Department to once again take charge.
Some point to what they view as the city’s lackluster response to placard abuse, the practice of using either official permits issued by city agencies, or fraudulent ones, to park in unauthorized spots.
More than 91,000 complaints have been filed with the city since 2020 about possible placard abuse, but the police took action to fix the problem in just 21 percent of cases, according to a Times review of public data. Only about 12 percent of the complaints led to a driver being issued a summons.
“If you’re just unclogging these streets to have them filled with cars with fake placards, you’re not helping anything,” said Nicole Gelinas, a senior fellow at the Manhattan Institute, a conservative think tank.
There has also been a surge in fake, often out-of-state license plates that have made traffic violations harder to track. A perceived lack of consequences worsens the problem, said Jon Orcutt, a former policy director at the city’s Transportation Department.
“The culture has gotten terribly bad,” Mr. Orcutt said about enforcement efforts.
A spokesperson for the Police Department said in a statement that there was “deep collaboration” with the Transportation Department on traffic enforcement, and pointed to some recent initiatives, including issuing 247,000 summonses last year for “ghost vehicles” with fake plates.
Samuel I. Schwartz, the chair of the transportation research program at Hunter College, was New York City’s traffic commissioner under Mayor Edward I. Koch, at a time when the Transportation Department still controlled enforcement.
He said he thought it would be possible to change the behavior of repeat offenders if that agency led the effort and had the support of the police.
“I would go out in the field with an army of tow trucks,” Mr. Schwartz said.
How realistic is this? Mr. Mamdani could restore traffic enforcement powers to the Transportation Department, or instruct the Police Department to step up enforcement.
How much could it raise? The city issued $1.1 billion worth of parking tickets and camera violations in fiscal year 2025, according to the Finance Department, but just $946 million, or 84 percent, was ultimately collected. By ramping up fine collection, the city could raise more revenue.
As Mr. Mamdani weighs how to improve city streets and whether parking regulations should change, almost everyone agrees that the status quo is unacceptable.
Ms. Gelinas said that any of the leading ideas could be an improvement.
“The dumbest thing is just to keep things the way they are,” she said.
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