DA won’t prosecute violations of proposed abortion ban in Edinburg

Edinburg City Hall on Monday, Jan. 13, 2020, in Edinburg. (Joel Martinez | [email protected])

EDINBURG — An abortion ban being proposed in the city of Edinburg is unlikely to be enforced, if passed, as the Hidalgo County District Attorney’s Office stated it would not prosecute individuals who violate it.

In a statement issued Monday, the district attorney’s office said it did not believe the proposed ordinance was consistent with state or federal laws, and therefore would not be enforcing the restrictions set within it.

“The District Attorney’s Office has been made aware of the City of Edinburg’s proposed ordinance related to outlawing abortion and declaring the City as a sanctuary for the unborn,” the statement began. “In light of the U.S. Supreme Court’s ruling in Roe v. Wade, the proposed ordinance does not appear to be consistent with either state or federal law. As such, should Edinburg, or any other city, approve the proposed ordinance as is and without substantive change in state or federal law, the District Attorney’s Office would not pursue individuals or organizations who exercise their rights under current law.”

The statement comes after Edinburg City Council members publicly said during a meeting last month that they supported the efforts of the Holy Family Prolife Apostolate to declare Edinburg an anti-abortion city.

Since then, anti-abortion activists have continued to push the council to pass an abortion ban, presenting the city administration with a proposed ordinance.

Their ordinance would declare that abortion at any stage of pregnancy is “an act of murder” except in cases when the mother’s life is in danger.

It also would declare abortion-inducing drugs to be contraband, outlawing the possession of those drugs within city limits, and would criminalize helping others obtain an abortion.

The ordinance would prosecute:

  • employers and insurers who arrange for coverage of abortions in Texas
  • individuals and organizations that knowingly provide transportation to or from an abortion provider
  • individuals and organizations that knowingly pay for another person’s abortion
  • individuals who knowingly donate money to abortion funds and abortion-assistance organizations
  • individuals and organizations that offer or provide “abortion doula” services

The ordinance adds that the city would ask the DA’s office to “investigate and prosecute” individuals who provide such assistance and would urge all Edinburg residents to report those “criminal activities” to the DA’s office.

A similar ordinance was approved by voters in the city of Lubbock, which then went into effect on June 1.

The Lubbock ordinance also outlawed abortions at any stage of pregnancy and declared it unlawful for anyone to knowingly help someone obtain an abortion.

Their ordinance also made exceptions for abortions performed to save the life of the mother but, like the proposed Edinburg ordinance, did not make exceptions for pregnancies that were a result of rape or incest.

Planned Parenthood and the American Civil Liberties Union filed a lawsuit against Lubbock to stop the abortion ban from taking effect, but a federal judge dismissed the suit, stating that they did not have standing to sue.

During a city council meeting last week, anti-abortion activists urged the Edinburg City Council to consider approving the ordinance at their next meeting, but a spokesperson for the city, Ashly Custer, said that as of Monday, there was no indication whether the ordinace would be on the upcoming agenda.