Ordinance for Edinburg City Council to outlaw abortion ‘dies,’ lack of a motion

Local News

EDINBURG, Texas (KVEO) — The ordinance for Edinburg City Council to outlaw abortion, and declare the city a Sanctuary for the Unborn, “died” after no seconds were made to make a motion on the agenda item.

Following around three hours of public comments regarding the ordinance, Mayor Richard Molina entertained a motion on the item, however no council member second the motion.

Councilmember David White said, “If you are waiting on me I won’t vote to motion until I can hear from legal counsel.”

Molina entertained a motion a total of three times, which was followed by silence.

City Attorney Omar Ochoa clarified: “If there is no motion then the city council cant take action, then the item is essentially denied, it dies for lack of a motion.”

Molina then asked the council members one more time to make a motion on the item, after hearing silence again he said: “Then there is no action, this item dies and we are moving on in the agenda.”

Following Molina saying no action will be made, applauding and cheering were heard from the public present at the meeting.

In June, during a regular city meeting, Mayor Richard Molina read a proclamation from the Holy Family Pro-Life Apostolate asking to make Edinburg a sanctuary city for the unborn.

Molina and all three members present agreed with the pro-life group’s desire to ban abortion in the city.

The decision of Roe v. Wade makes abortion a constitutional right in the United States. Because of that, outright banning abortion would violate federal law.

If the Council approves the item, it will be unlawful to do the following within city limits:
–Any person to perform an abortion
–To help or encourage someone to have an abortion ( this includes transportation, direction, and emotional support)
–Any person to possess or distribute abortion-inducing drugs

The penalty for the violations would be “the maximum penalty permitted under Texas law for the violation of a municipal ordinance governing public health,” according to the agenda item.

The ordinance would go into effect when passed, however, city enforcement would be restricted and waiting for the United States Supreme Court to reverse caselaw.

On the item, staff recommended the council to disapprove the item as presented.

“An ordinance of this scope should include a comprehensive public engagement process as well as an extensive analysis to the potential negative legal, economic, and community impacts.”

Staff recommendation on the agenda item.

The justification to placing the ordinance on the agenda was because City Council Member David White requested it.

“The ordinance attached was provided to city council and staff via a local advocacy group on this topic,” the agenda item stated.

Around 30 other cities in the United States have declared themselves sanctuary cities for the unborn, but several of them have already faced lawsuits.

Click here to read the full ordinance

Editor’s Note: This is a developing story; more information will be added as it becomes available.

Copyright 2021 Nexstar Media Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.

Community Stories