By Matt Dotray A-J Media
The City of Lubbock responded to Lubbock’s state lawmakers who are publicly demanding the city council adopt a “sanctuary city for the unborn” ordinance.
A responding letter, signed by City Manager Jarrett Atkinson and addressed to State Sen. Charles Perry and Reps. Dustin Burrows and John Frullo, states the proposed ordinance is under legal review. Atkinson said Mayor Dan Pope forwarded the ordinance template to the city attorney’s office, and upon review, the city council will be briefed in an executive session.
Atkinson said the legal department is looking into whether it’s enforceable. They’ll also determine whether this is appropriately a state or local matter.
Abortion access has historically been a federal and state matter. The state lawmakers demanding the Lubbock City Council vote on the “sanctuary city for the unborn” can introduce bills in the Texas Legislature when it convenes in January.
Perry, Burrows and Frullo sent a proposed local ordinance to the mayor and the Lubbock City Council several weeks ago with a corresponding letter asking them to consider its adoption. They’ve since hosted a rally and made the case on local talk radio. Burrows has taken to Twitter to challenge the mayor on the matter.
Included in the original letter sent to the city is the contact information to a law firm in Austin the lawmakers say would provide pro-bono legal defense for the city.
The "sanctuary city for the unborn" ordinance that state lawmakers are trying to push the local government to act on says, "It shall be unlawful for any person to procure or perform an abortion of any type and at any stage of pregnancy in the City of Lubbock, Texas."
The ordinance also says it shall be unlawful for someone to aid and abet an abortion — the ordinance makes it unlawful to drive someone to a clinic for an abortion, to provide money with the knowledge it will be used for an abortion, or giving instructions regarding self-administered abortions.
It also says the abortion provider can be sued for emotional distress by a member of the unborn child's family, including, grandparents, siblings and half-siblings.
“At this time, the proposed ordinance is under legal review,” Atkinson wrote. “Following the review, the City Council will be briefed in executive session on the proposed ordinance, its enforceability and whether this is appropriately a state or local matter based on the included language.”
“Council members will then have the opportunity to instruct staff whether to place this ordinance on a future agenda for consideration,” the letter reads.
It takes the recommendation of two members of the Lubbock City Council to place an ordinance on an agenda.
The “sanctuary cities for the unborn” ordinance has been adopted in 14 cities across Texas, the largest being Big Spring. None of these cities had a clinic offering abortions when the ordinances were adopted.
The conversations about abortion access in Lubbock is coming to the forefront because Planned Parenthood of Greater Texas confirmed it is hiring for a new location in Lubbock. The location hasn’t been announced, but it could open as soon as this year.
A spokesperson for Planned Parenthood of Greater Texas wrote to the Lubbock Avalanche-Journal this week about the services Planned Parenthood will offer in Lubbock.
Abortion services will not be provided immediately, but Planned Parenthood says medication and surgical abortion services will be provided “at a later date.”
When the health center opens in Lubbock, Planned Parenthood says it’ll immediately offer affordable healthcare services including breast and cervical cancer screenings and cervical cancer prevention, birth control options including IUDs and implants, sexually transmitted infection testing and treatment, HIV tests and PrEP and PEP to prevent HIV transmission, treatment for urinary tract and vaginal infections, annual well checks, and other healthcare services.
“Lubbock and surrounding communities face rates of sexually transmitted infection and teen pregnancy that exceed both state and national averages, along with other health outcome challenges,” wrote Sarah Wheat with Planned Parenthood. “The 2019 Community Health Needs Assessment of Lubbock County noted the uninsured adult rate was 11% above the national average.”
Mayor Pope was asked about the "sanctuary city for the unborn“ ordinance on KFYO’s Chad Hasty show this week.
“I’m unequivocally pro-life,” Pope said. “That’s where I am, I’m very much pro-life.”
The mayor then went on to talk about other ordinances he’s had proposed to him — ordinances related to payday lenders, same-sex marriage or ordinances to strengthen the rights of LGBTQ individuals. Pope said he’s historically said no to these ordinances because he said they’re not the role of a mayor and city council.
“It’s not the lane we need to be in,” Pope went on to say. “We need to do the things we were elected to do: provide police and fire services, make sure that our parks are maintained, make sure that we take care of our streets. Do the things that citizens elect us to do.”
Pope said when he looks at an ordinance, that’s the lens he looks at it through and asks, is this outlined in the city charter?
Pope said the city council hasn’t talked about the ordinance because of rules in open meetings laws, but he said they’ll discuss it together at the earliest executive session the legal department is ready.