On Monday, the City Council of Ovilla (pop. 4,709) passed an “Ordinance Outlawing Abortion, declaring Ovilla a Sanctuary City for the Unborn” in a 4-1 vote. The historic vote made the City of Ovilla, located about 20 miles from Dallas, the 53rd city in the State of Texas and the 70th city in the nation to pass an ordinance prohibiting abortion. The City of Ovilla is the first city in Dallas County to pass such an ordinance and the second city in Ellis County to pass such an ordinance, following the City of Midlothian (pop. 38,635).
During the council meeting, residents from a variety of different backgrounds shared reasons they wanted to see their city become a Sanctuary City for the Unborn. From 13-year-old Kolbe Jimenez, who attended the city council meeting with his mom and two brothers, to Pastor Brian Treadway, who encourages his congregation every Sunday at Vertical Church, to Sandy Schexnailder and Kathy Daigle, an older married couple who walk their local streets and pray the rosary over their city every day. Everyone who shared had a different background, but their reasoning was essentially the same: they love their city, they love life, and they want to see both their city and the lives of its residents protected.
The hearts of the City Council members were visibly moved by the words of those in attendance—and the majority of their hearts were unified with the request of their citizens.
Ellis County Republican Party Chairman Randy Bellomy shared:
It was a great night in Ovilla. The city council voted to make the City of Ovilla a Sanctuary City for the Unborn. The 4-1 vote showed the conservative strength of the city and why it is a great place to live. Many people worked hard to make this happen but it was the leadership of Councilwoman Kimberly Case who led the charge that resulted in getting the ordinance passed. I want to thank the council for being courageous and doing what God wanted them to do.
The Ovilla 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 Ovilla, 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 ordinance has a six-year statute of limitations. Ovilla’s Ordinance 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. Finding #6 of the ordinance reads:
In addition to the life-affirming services which are already being provided by organizations in Ellis County and Dallas County, the Thriving Texas Families program (also known as the Texas Alternatives to Abortion program) is in place, which promotes childbirth and provides support services to pregnant mothers and their families, adoptive parents, and parents whose lives have been affected by miscarriage or loss of a child, finding the services provided as a part of the Thriving Texas Families program to include: counseling, mentoring, educational information and resources including classes on pregnancy, parenting, adoption, life skills and employment preparedness; material assistance covering basic needs, such as car seats, clothing, diapers, and formula; care coordination help through referrals to government assistance programs and other social services programs; call center for information and appointment scheduling; and housing and support services through maternity homes.
The ordinance directs people to the Texas Pregnancy Care Network website to be connected to these services. One local agency providing these resources for residents of the City of Ovilla is FirstLook Sexual Health and Pregnancy Center in Waxahachie. Its CEO, Alisha Pinney, was in attendance on Monday night to speak in favor of the ordinance. Pinney shared, “As a community, we have a responsibility to safeguard the most defenseless among us: our unborn children.” Pinney continued, “Declaring the City of Ovilla a Sanctuary City will strengthen families and build a culture of life and hope in this community. It shows that we are a community that values every member, born and unborn.”
Ellis County Judge Todd Little, Attorney Dan Altman from Midlothian, and Attorney Jace Yarbrough of the S|L Law Firm were also in attendance to support the ordinance.
While Ovilla City Attorney Jennifer Richie of Messer Fort Municipal Law Firm was adamant that the city council could not pass such an ordinance because Ovilla is a general law A city, Attorney Jace Yarbrough clarified that general law municipalities have the authority to regulate abortion for the health and safety of their citizens and that Texas Law fully supports these efforts.
Speaking of type A general law cities, Local Government Code 51.012 states, “The municipality may adopt an ordinance, act, law, or regulation, not inconsistent with state law, that is necessary for the government, interest, welfare, or good order of the municipality as a body politic.”
The Tenth Finding of Ovilla’s Sanctuary City for the Unborn Ordinance addresses this matter directly, stating, “During the 87th Legislative Session, the State of Texas explicitly allowed municipalities and counties to outlaw and prohibit abortion, and to establish penalties and remedies against those who perform or enable unlawful abortions. See Tex. Gov’t Code § 311.036(b) (‘A statute may not be construed to restrict a political subdivision from regulating or prohibiting abortion in a manner that is at least as stringent as the laws of this state unless the statute explicitly states that political subdivisions are prohibited from regulating or prohibiting abortion in the manner described by the statute.’)”
In addition to the City of Ovilla, type A general law cities that have passed ordinances outlawing abortion include: Waskom (pop. 2,189 – June 2019), Naples (pop. 1,378 – September 2019), Joaquin (pop. 850 – September 2019), Wells (pop. 769 – February 2020), Whiteface (pop. 449 – March 2020), East Mountain (pop. 797 – July 2020), Morton (pop. 2,006 – October 2020), Grapeland (pop. 1,489 – January 2021), Goldsmith (pop. 257 – February 2021), Murchison (pop. 606 – March 2021), Abernathy (pop. 2,839 – May 2021), Sundown (pop. 1,397 – June 2021), Sterling City (pop. 888 – June 2021), Centerville (pop. 892 – July 2021), Crawford (pop. 733 – August 2021), Brownsboro (pop. 1,036 – August 2021), Shallowater (pop. 2,613 – March 2022), Marquez (pop. 313 – April 2022), Little River-Academy (pop. 2,048 – January 2023), and Muenster (pop. 1,556 – April 2024).
The City of Ovilla received a letter from Attorney Jonathan F. Mitchell committing to represent the City of Ovilla at no cost to the city or taxpayers for any litigation that may arise from the passage of its ordinance outlawing abortion and abortion trafficking.
Ovilla is the tenth city and the sixteenth political subdivision in Texas to pass an ordinance prohibiting the abortion trafficking of its residents. Cities and counties prohibiting abortion trafficking include Cisco, Slaton, Athens, Abilene, San Angelo, Plainview, Odessa, Little River-Academy, Muenster, Mitchell County, Goliad County, Cochran County, Lubbock County, Dawson County, and Jack County.
Residents in cities and counties across Texas who are interested in seeing their local governments pass enforceable ordinances that attempt to close some of the loopholes in Texas abortion laws are encouraged to sign the online petition from the Sanctuary Cities for the Unborn Initiative.
This is a commentary published with the author’s permission. If you wish to submit a commentary to Texas Scorecard, please submit your article to submission@texasscorecard.com.
