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Potential Ballot Language Drafted for Anti-Abortion Ordinance Election

Photo by Noah Dawson

Three versions of ballot language for the upcoming election on the Sanctuary City for the Unborn ordinance have been presented to Amarillo City Council.

The election follows petitioners collecting the required number of signatures to force the council to consider the ordinance, though controversy over particular elements resulted in the council rejecting the proposal. The committee behind the petition then exercised their right to have the item placed on the ballot.

The council first discussed ballot language for the election at their last meeting, where the request for an election from the petition committee was formally presented. During that meeting, City Secretary Stephanie Coggins presented the following potential ballot language:

The code of ordinances of the City of Amarillo shall be amended by enacting an ordinance outlawing abortion, declaring Amarillo a sanctuary city for the unborn, making various provisions and findings, providing for severability, and establishing an effective date.

That language prompted pushback, especially from Councilman Tom Scherlen, who noted it did not include a mention of a key provision in the ordinance. That provision, which sets the proposed ordinance in Amarillo apart from many other similar ordinances passed across Texas, has been called a “travel ban” by opponents and a prohibition on “abortion trafficking” by proponents.

The council is set to consider a resolution formally calling an election during their upcoming July 23rd meeting. Included in the agenda packet is a draft ordinance with the following ballot language:

THE CODE OF ORDINANCES OF THE CITY OF AMARILLO, TEXAS SHALL BE AMENDED TO ADOPT AN INITIATED ORDINANCE, SUBMITTED BY THE AMARILLO SANCTUARY CITY FOR THE UNBORN CITIZEN INITIATIVE PETITION INITIATING COMMITTEE, DECLARING THE CITY OF AMARILLO A SANCTUARY CITY FOR THE UNBORN; DECLARING THAT ABORTION AT ALL TIMES AND AT ALL STAGES OF PREGNANCY IS UNLAWFUL UNLESS AN ABORTION IS PERFORMED TO SAVE THE LIFE OF A PREGNANT WOMAN IN A MEDICAL EMERGENCY; FINDING THAT ABORTION-INDUCING DRUGS ARE DECLARED CONTRABAND; ESTABLISHING A CRIMINAL OFFENSE FOR ANY PERSON TO MANUFACTURE, POSSESS, OR DISTRIBUTE ABORTION-INDUCING DRUGS IN THE CITY OF AMARILLO; CALLING UPON EVERY UNITED STATES ATTORNEY IN THE STATE OF TEXAS, BOTH PRESENT AND FUTURE, TO INVESTIGATE AND PROSECUTE ABORTION PROVIDERS AND ABORTION-PILL DISTRIBUTION NETWORKS UNDER 18 U.S.C. SECTIONS 1461 AND 1462 AND UNDER THE RACKETEER INFLUENCED AND CORRUPT ORGANIZATIONS ACT (RICO); ENCOURAGING ALL VICTIMS OF ABORTION PROVIDERS AND ABORTION-PILL DISTRIBUTION NETWORKS, INCLUDING MOTHERS, FATHERS, AND SURVIVING RELATIVES OF ABORTED UNBORN CHILDREN, TO SUE RACKETEERING ENTERPRISES UNDER CIVIL RICO; CALLING UPON DISTRICT ATTORNEYS THROUGHOUT THE STATE OF TEXAS INVESTIGATE AND PROSECUTE ALL TEXAS ABORTION FUNDS AND THEIR DONORS THAT HAVE AIDED OR ABETTED ABORTIONS IN TEXAS; PROHIBITING ABORTION WITHIN THE CITY OF AMARILLO; PROHIBITING ABORTIONS ON CITY OF AMARILLO RESIDENTS; PROHIBITING ABORTION TRAFFICKING ON AN UNBORN CHILD; PROHIBITING ABORTION-INDUCING DRUGS IN THE CITY OF AMARILLO; PROHIBITING ANY ORGANIZATION THAT VIOLATES 18 U.S.C. SECTIONS 1461 OR 1462 BY FACILITATING ABORTIONS FROM OPERATING OR DOING BUSINESS IN THE CITY OF AMARILLO; PROHIBITING THE TRANSPORTATION OR DISPOSAL IN THE CITY OF AMARILLO OF THE REMAINS OF AN UNBORN CHILD KILLED BY AN ABORTION; PROVIDING A PRIVATE RIGHT OF ACTION; PROVIDING FOR AFFIRMATIVE DEFENSES; PROVIDING FOR SEVERABILITY AND PROVIDING AN EFFECTIVE DATE.

FOR:

AGAINST:

According to a post on the Amarillo City Council Forum website, City Secretary Stephanie Coggins has drafted two other potential versions of the ordinance in response to an email sent by George Hyde, a lawyer retained by the council to represent the council.

The first alternate version contains the following ballot language:

THE CODE OF ORDINANCES OF THE CITY OF AMARILLO, TEXAS SHALL BE AMENDED TO ADOPT AN INITIATED ORDINANCE, SUBMITTED BY THE AMARILLO SANCTUARY CITY FOR THE UNBORN CITIZEN INITIATIVE PETITION INITIATING COMMITTEE, DECLARING THE CITY OF AMARILLO A SANCTUARY CITY FOR THE UNBORN; DECLARING THAT ABORTION AT ALL TIMES AND AT ALL STAGES OF PREGNANCY IS UNLAWFUL UNLESS AN ABORTION IS PERFORMED TO SAVE THE LIFE OF A PREGNANT WOMAN IN A MEDICAL EMERGENCY; FINDING THAT ABORTION-INDUCING DRUGS ARE DECLARED CONTRABAND; ESTABLISHING A CRIMINAL OFFENSE FOR ANY PERSON TO MANUFACTURE, POSSESS, OR DISTRIBUTE ABORTION-INDUCING DRUGS IN THE CITY OF AMARILLO; CALLING UPON EVERY UNITED STATES ATTORNEY IN THE STATE OF TEXAS, BOTH PRESENT AND FUTURE, TO INVESTIGATE AND PROSECUTE ABORTION PROVIDERS AND ABORTION-PILL DISTRIBUTION NETWORKS UNDER 18 U.S.C. SECTIONS 1461 AND 1462 AND UNDER THE RACKETEER INFLUENCED AND CORRUPT ORGANIZATIONS ACT (RICO); ENCOURAGING ALL VICTIMS OF ABORTION PROVIDERS AND ABORTION-PILL DISTRIBUTION NETWORKS, INCLUDING MOTHERS, FATHERS, AND SURVIVING RELATIVES OF ABORTED UNBORN CHILDREN, TO SUE RACKETEERING ENTERPRISES UNDER CIVIL RICO; CALLING UPON DISTRICT ATTORNEYS THROUGHOUT THE STATE OF TEXAS INVESTIGATE AND PROSECUTE ALL TEXAS ABORTION FUNDS AND THEIR DONORS THAT HAVE AIDED OR ABETTED ABORTIONS IN TEXAS; PROHIBITING ABORTION WITHIN THE CITY OF AMARILLO; PROHIBITING ABORTIONS ON CITY OF AMARILLO RESIDENTS; PROHIBITING ABORTION TRAFFICKING ON AN UNBORN CHILD; PROHIBITING ABORTION-INDUCING DRUGS IN THE CITY OF AMARILLO; PROHIBITING ANY ORGANIZATION THAT VIOLATES 18 U.S.C. SECTIONS 1461 OR 1462 BY FACILITATING ABORTIONS FROM OPERATING OR DOING BUSINESS IN THE CITY OF AMARILLO; PROHIBITING THE TRANSPORTATION OR DISPOSAL IN THE CITY OF AMARILLO OF THE REMAINS OF AN UNBORN CHILD KILLED BY AN ABORTION; PROVIDING A PRIVATE RIGHT OF ACTION; PROVIDING FOR AFFIRMATIVE DEFENSES; PROVIDING FOR SEVERABILITY AND PROVIDING AN EFFECTIVE DATE.

FOR:

AGAINST:

The second alternate version contains the following ballot language:

THE CODE OF ORDINANCES OF THE CITY OF AMARILLO, TEXAS SHALL BE AMENDED TO ADOPT AN INITIATED ORDINANCE, SUBMITTED BY THE AMARILLO SANCTUARY CITY FOR THE UNBORN CITIZEN INITIATIVE PETITION INITIATING COMMITTEE, DECLARING THE CITY OF AMARILLO A SANCTUARY CITY FOR THE UNBORN; DECLARING THAT ABORTION AT ALL TIMES AND AT ALL STAGES OF PREGNANCY IS UNLAWFUL UNLESS AN ABORTION IS PERFORMED TO SAVE THE LIFE OF A PREGNANT WOMAN IN A MEDICAL EMERGENCY; FINDING THAT ABORTION-INDUCING DRUGS ARE DECLARED CONTRABAND; ESTABLISHING A CRIMINAL OFFENSE FOR ANY PERSON TO MANUFACTURE, POSSESS, OR DISTRIBUTE ABORTION-INDUCING DRUGS IN THE CITY OF AMARILLO; CALLING UPON EVERY UNITED STATES ATTORNEY IN THE STATE OF TEXAS, BOTH PRESENT AND FUTURE, TO INVESTIGATE AND PROSECUTE ABORTION PROVIDERS AND ABORTION-PILL DISTRIBUTION NETWORKS UNDER 18 U.S.C. SECTIONS 1461 AND 1462 AND UNDER THE RACKETEER INFLUENCED AND CORRUPT ORGANIZATIONS ACT (RICO); ENCOURAGING ALL VICTIMS OF ABORTION PROVIDERS AND ABORTION-PILL DISTRIBUTION NETWORKS, INCLUDING MOTHERS, FATHERS, AND SURVIVING RELATIVES OF ABORTED UNBORN CHILDREN, TO SUE RACKETEERING ENTERPRISES UNDER CIVIL RICO; CALLING UPON DISTRICT ATTORNEYS THROUGHOUT THE STATE OF TEXAS INVESTIGATE AND PROSECUTE ALL TEXAS ABORTION FUNDS AND THEIR DONORS THAT HAVE AIDED OR ABETTED ABORTIONS IN TEXAS; PROHIBITING ABORTION WITHIN THE CITY OF AMARILLO; PROHIBITING ABORTIONS ON CITY OF AMARILLO RESIDENTS; PROHIBITING ABORTION TRAFFICKING ON AN UNBORN CHILD; PROHIBITING ABORTION-INDUCING DRUGS IN THE CITY OF AMARILLO; PROHIBITING ANY ORGANIZATION THAT VIOLATES 18 U.S.C. SECTIONS 1461 OR 1462 BY FACILITATING ABORTIONS FROM OPERATING OR DOING BUSINESS IN THE CITY OF AMARILLO; PROHIBITING THE TRANSPORTATION OR DISPOSAL IN THE CITY OF AMARILLO OF THE REMAINS OF AN UNBORN CHILD KILLED BY AN ABORTION; PROVIDING A PRIVATE RIGHT OF ACTION; PROVIDING FOR AFFIRMATIVE DEFENSES; PROVIDING FOR SEVERABILITY AND PROVIDING AN EFFECTIVE DATE.

FOR:

AGAINST:

The deadline set by state law to call an election is August 19th, meaning that the council has some time to delay making a final decision if they so choose.

The proposition is expected to share the November ballot with several proposed City Charter amendments, though the council is still working through what amendments they plan to put on the ballot.

Council Mulls Charter Amendment Recommendations

Forensic Analysis Blames Prop 1 Issues on "Communication Problems"

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