Three new city council members will be sworn in at City Hall Tuesday night and one of the first things they’ll be asked to do is declare abortions illegal in the City of Odessa.
It’s not the first time the idea of a “sanctuary city for the unborn” has been broached.
During Mayor Javier Joven’s first meeting in January 2021 he asked the council to pass a sanctuary city ordinance, but Council members Steve Thompson, Tom Sprawls, Detra White and Mari Willis shot it down.
“This is not a city issue; we have other priorities,” Willis said at the time.
Then, in August 2021, Joven tried unsuccessfully to get council members to approve a special citywide election on the matter.
However, Sprawls, White and Willis didn’t run for re-election and they are now being replaced by Chris Hanie, Greg Connell and Gilbert Vasquez, all of whom ran unopposed.
When running, Hanie said his top priority would be making Odessa a sanctuary city. On Monday, Connell said he’ll also be voting in favor of the ordinance.
“I think God will be pleased,” Connell said. “I think it will bless the city.”
While some women believe it’s “their body, their choice,” Connell said unborn children are a completely separate entities comprised of genes from both parents.
Vasquez did not return a phone call seeking comment.
Thompson said his views on the matter haven’t changed.
“The State of Texas has taken care of the situation as has the federal government,” Thompson said. “I think I have also said that I’m not going to push my religious beliefs back on the public. This is a religious choice, not a political choice…let’s move on and take care of the city’s business.”
The proposed ordinance for a “sanctuary city for the unborn” does not consider it an abortion if the doctor is removing a dead, unborn child whose death was caused an accidental miscarriage, is removing an ectopic pregnancy or if they are trying to save the life or preserve the health of an unborn child, which is defined as a natural person from the moment of conception.
Jonathan Mitchell, an Austin attorney, submitted a letter to Mayor Javier Joven stating he’d represent the city at no cost “in any litigation that results from a decision to enact this ordinance.”
According to the proposed ordinance, because the U.S. Supreme Court struck Roe v. Wade down, states now have the right to ban abortion and the State of Texas never repealed its pre-Roe v. Wade statutes that outlaw and criminalize abortion unless the mother’s life is in danger.
However, despite the Supreme Court’s decision, the proposed ordinance states state officials may have limited abilities when it comes to imposing penalties on those who violate the state’s abortion statutes.
As a result, the proposed ordinance states “The City Council of Odessa finds it necessary to supplement these existing state-law prohibitions on abortion-murder with its own prohibitions on abortion, and to empower city officials and private citizens to enforce these prohibitions to the maximum extent permitted by state law and the Constitution.”
It goes on to read: “To protect the health and welfare of all residents within the City of Odessa, including the unborn, the City Council finds it necessary to outlaw abortion under city law and to establish penalties and remedies as provided in this ordinance.”
According to Texas Local Government Code 54:001 (b)(1): A fine or penalty for the violation of a rule, ordinance, or police regulation may not exceed $500 except that: (1) a fine or penalty for the violation of a rule, ordinance, or police regulation that governs fire safety, zoning, or public health and sanitation, other than the dumping of refuse, may not exceed $2,000.
The proposed ordinance would also make it illegal for anyone to “aid or abet” a woman in obtaining an abortion by driving them to an abortion provider, giving instructions on how to self-administer an abortion, giving them money to pay for the procedure or coercing them into getting an abortion.
If the council moves forward with the ordinance, it would go into effect Dec. 13 following its second reading.
