The Edinburg Council is set to consider passing an ordinance on Tuesday that would ban abortion within the city limits and encourage residents to sue those who violate the ordinance, despite staff recommendations against it.
The possible passage of the anti-abortion ordinance is listed on the agenda for the city council meeting scheduled for Tuesday evening.
The ordinance, if approved by the city council, would amend the city’s code of ordinances to make it unlawful to obtain an abortion, perform an abortion, or for someone to knowingly help someone else get an abortion within the city.
Such actions would include:
- providing transportation to or from an abortion provider
- giving instructions over the phone, internet or other communication regarding abortion
- providing money with the knowledge it will be used for an abortion
- providing or arranging for insurance coverage for an abortion
- providing “abortion doula” services
- coercing or pressuring a pregnant mother to have an abortion against their will
The ordinance would also make it illegal to possess or distribute abortion-inducing drugs within the city.
Similar to Senate Bill 8, the statewide anti-abortion bill that is set to go into effect in September, the new city ordinance would empower anyone in the state to sue those who violate the abortion ban.
If they were to win their case, those who sued would be entitled to $10,000 plus attorney’s fees.
While private citizens would be able to enforce the ordinance via lawsuit, the proposed ordinance that was submitted by anti-abortion activists stated they would urge the Hidalgo County District Attorney’s office to prosecute those who violated it.
In response, District Attorney Ricardo Rodriguez Jr. issued a statement saying his office would not do so.
“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,” the statement read in part. “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.”
Still, the anti-abortion ordinance was placed on the agenda at the request of Edinburg Councilman David White, according to documents included in the agenda packet.
During a city council meeting last month, White along with Councilmembers Jorge Salinas and Johnny Garcia, as well as Mayor Richard Molina said they supported the efforts of the anti-abortion activists to declare Edinburg an anti-abortion city.
City staff stated that their official recommendation was to not approve the ordinance, writing that “an ordinance of this scope should include a comprehensive public engagement process as well as an extensive analysis to the potential negative legal, economic, and community impacts.”
The city council meeting is scheduled for 6 p.m. Tuesday at Edinburg City Hall.
