Plainview citizens bring 'Sanctuary City for the Unborn' abortion ordinance before council

Alex Driggars, Lubbock Avalanche-Journal

March 7, 2022 at 7:14 PM·4 min read

PLAINVIEW — During its regular meeting Tuesday, the Plainview City Council will consider a citizens’ initiative petition to outlaw abortion in the city and declare Plainview a “Sanctuary City for the Unborn”.

Similar to a Lubbock ordinance voters ratified in 2021, an ordinance proposed by a Plainview citizens’ group would make it “unlawful for any person to procure or perform an abortion of any type and at any stage of pregnancy in the city of Plainview, Texas.” The ordinance would also make it illegal to “knowingly aid and abet an abortion” in the city limits and declares abortion-inducing drugs to be contraband.

“What it would basically do is just have it so that no one could come in and perform an abortion within the city limits of Plainview,” said Amber Bellows, a Plainview resident and leader in the push for the anti-abortion ordinance.

More: Planned Parenthood of Greater Texas drops appeal in Lubbock abortion ban lawsuit

A petitioners' committee of 10 Plainview citizens meets at Compassionate Care Pregnancy Center in January 2022 to discuss their plans to push for a "Sanctuary City for the Unborn" abortion ordinance in the city. They are, left to right, Pam Shannon, Maria Gonzales, Robin McCormack, Kerry McCormack, Elizabeth Earhart, Robert Earhart, Amber Bellows, Kimmett Bellows, Lydia Castillo and Shayla Whalen.

The ordinance makes clear that procedures to save the life of the mother or unborn child, remove a miscarried fetus or remove an ectopic pregnancy are not subject to the proposed code. It also clarifies that birth-control devices and pills and emergency contraception like Plan B are not included in the ban.

It also provides for a private enforcement mechanism, meaning a citizen could raise a lawsuit against anyone who performs or assists an abortion in the city. Criminal penalties could also be assessed under the ordinance if the U.S. Supreme Court overturns Roe v. Wade.

Plainview City Secretary Belinda Hinojosa certified to the City Council Thursday at a work session that the petition circulated by the group had a sufficient number of signatures as required by the Plainview city charter.

In order for an ordinance to be proposed via citizens’ initiative, the Plainview city charter requires a group of 10 citizens called a “petitioners’ committee” to file an affidavit with the city secretary and gather petition signatures from 10 percent of the city’s registered voters. In this case, 1,072 signatures were needed.

The committee gathered 1,453 signatures. 1,108 of those were deemed valid by the city secretary. The committee filed their initial affidavit on Jan. 12 and submitted the signatures on Feb. 10. Hinojosa noted that this is the first time in her 21-year tenure that a petitioners’ committee had successfully filed a petition.

The City Council is now required by the charter to adopt the ordinance without modification or send it to an election in May.

Bellows, who is a member of the petitioners’ committee, said regardless of the council’s decision, she feels the proposed ordinance is viewed favorably by much of the population.

“I did a good bit of canvassing, and I would say the majority of the people that I spoke with just going door to door getting signatures were supportive of it — not 100 percent, but you can’t ever expect that – but the majority of people were very much in favor of this passing in our city,” Bellows said.

It would not bother her if the council sent the ordinance to a vote, Bellows said. In fact, she would prefer it.

“Of course it would be nice for the City Council to just say yes and the rainbows shine, and the unicorns jump and everything would be great, but it doesn’t really matter,” Bellows said. “I think I would personally rather it go to the voters, because then it is truly what Plainview wants, not what a group of people in Plainview want.”

Even with Texas’ strict abortion law that bans the procedure as early as six weeks in effect, Bellows said the Plainview ordinance would offer redundancy for the city in case the Texas law is challenged or overturned.

“The people of Plainview felt it was important to make this stand for our city, that this is what we believe in, this is what we believe is right,” Bellows said. “That way, regardless of what happens with the Texas law and what happens nationally, the City of Plainview has put this through, and this is what we believe to be the right and correct thing to do.”

The Plainview City Council will meet at 6:30 p.m. Tuesday at City Hall, 202 W. Fifth St. If the council moves forward with the ordinance Tuesday, they will need to approve it on a second reading at a later meeting. If they elect to put it on the municipal ballot, citizens will vote on the ordinance on May 7.

If the proposed ordinance is adopted, Plainview would be the third-largest city in Texas to enact such an ordinance, behind Lubbock and Big Spring, according to information available on the Sanctuary Cities for the Unborn website. Other area cities to adopt an abortion ban include Slaton, Levelland, Sundown, Abernathy, New Home, Morton and Whiteface.

This article originally appeared on Lubbock Avalanche-Journal: Plainview council to vote on 'Sanctuary City' abortion ordinance

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