On Monday, April 28, the City Council of the City of Avinger (pop. 371) passed an “Ordinance Outlawing Abortion, declaring Avinger a Sanctuary City for the Unborn” in a 3-1 vote.
The vote made the City of Avinger, located between the cities of Jefferson (pop. 1,849) and Hughes Springs (pop. 1,856) on State Highway 49 and between Gilmer (pop. 5,216) and Linden (pop. 1,988) on State Highway 155, the 57th city in the State of Texas and the 74th city in the nation to pass an ordinance prohibiting abortion.
Following a presentation from Right to Life Across Texas, Alderwoman Kelli Spencer made the motion to adopt the ordinance. Alderman Adam Young seconded the motion, which led to the measure’s passage with Alderman Marvin Parvino joining in support. Alderwoman Lois Montgomery was the lone vote against the measure, and Alderwoman Margaret Ford was absent.
Avinger City Council
Avinger resident and former State Representative David Simpson shared, “Avinger is blessed to join cities and counties across Texas who are going as far as they can to address the tragedy of abortion, specifically abortion trafficking and the mailing of abortion-inducing drugs.” Simpson said he was grateful for Mayor Jeff Patterson bringing the ordinance to the council for its passage, concluding, “God will honor this measure to protect the innocent unborn.”
Avinger resident and conservative activist Kori Peterson shared, “Avinger has taken a stand and joined the Texas trend of honoring unborn life and protecting women. More work is needed at every level of government, and certainly in the hearts of the people and in our culture. One heart at a time. One city at a time. One county at a time. One policy at a time. Avinger has aligned its pro-life efforts with those of the Texas Legislature. Well done!”
The City of Avinger is the first city in Cass County and the thirteenth city in the Tyler-Longview Area Region to pass a ‘Sanctuary City for the Unborn’ ordinance. Other cities in the region to have passed such ordinances include: Athens (pop. 13,503), Lindale (pop. 6,923), Rusk (pop. 5,664), Gilmer (pop. 5,216), Waskom (pop. 2,190), Naples (pop. 1,378), Omaha (pop. 1,021), East Mountain (pop. 899), Wells (pop. 853), Murchison (pop. 606), Gary (pop. 335), and Poynor (pop. 314).
The only city in both the region and the state to have recanted its ordinance is the City of Omaha, which recanted its ordinance after receiving a letter from the ACLU of Texas.
The Avinger Sanctuary City for the Unborn Ordinance is enforced in the same manner as the Texas Heartbeat Act—through a private enforcement mechanism. The ordinance reads, “Any person, other than the city of Avinger, and any officer or employee of the city, has standing to bring and may bring a civil action against any person or entity that: violates any provision” of this ordinance.
The six provisions of the Avinger Sanctuary City for the Unborn Ordinance:
(1) prohibit performing an elective abortion and aiding or abetting elective abortions within the city limits of Avinger,
(2) prohibit elective abortions on residents of Avinger, regardless of where the abortion takes place,
(3) prohibit abortion trafficking through the City of Avinger,
(4) prohibit the mailing of abortion-inducing drugs into the City of Avinger,
(5) prohibit criminal organizations from doing business inside the city limits of Avinger, and
(6) prohibit through or in the City of Avinger the transportation and disposal of the remains of unborn children who have been killed by an elective abortion across state lines and carried into Texas by waste management companies.
The ordinance, which has a six-year statute of limitations, is clear that “a civil action … may not be brought: against the woman upon whom the abortion was performed or induced or attempted to be performed or induced in violation of this ordinance, or against a pregnant woman who intends or seeks to abort her unborn child in violation of this ordinance.”
In addition to providing protections for pregnant mothers and their unborn children, the ordinance also educates about the Thriving Texas Families Program and directs people to the Texas Pregnancy Care Network website to be connected to the services funded by the program.
Citizens who are interested in seeing their city or county pass an ordinance further outlawing abortion within their city limits are encouraged to sign the online petition. Other cities in Cass County that could consider the ordinance in the near future include: Atlanta (pop. 5,638), Linden (pop. 1,988), Hughes Springs (pop. 1,856), Queen (pop. 1,476), Bloomburg (pop. 376), Douglassville (pop. 229), Domino (pop. 200), and Marietta (pop. 124).
East Texans for Liberty Executive Director Stacy MacMahan, Avinger Alderman Adam Young, Right to Life Across Texas Director Mark Lee Dickson, and Avinger Mayor Jeff Patterson take a picture together after the historic vote.
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