City Council Receives Legal Briefing Regarding Sanctuary City for the Unborn Proposal
During the executive session on Tuesday, October 13, the City Council received its briefing from legal counsel with the firm of Olson & Olson, LLP regarding the proposed Sanctuary City for the Unborn Ordinance and concerns relating to potential conflicts with Texas state law.
The following four major conflicts were identified by Olson & Olson regarding the proposed ordinance.
- The Proposed Ordinance, if enacted, would be void because it is contrary to Texas Law.
- The Texas Constitution prohibits a city from passing an ordinance ‘inconsistent with the laws of the State.” Tex. Const. art. XI, § 5. Ordinances that conflict with State laws are void.
- The Proposed Ordinance conflicts with State law because it creates offenses for some actions that are permitted or licensed by the State. This is prohibited by the Texas Constitution.
- The Proposed Ordinance conflicts with State law because the State regulates abortions, including who may perform them, where they may be performed, and when they may be performed, and the Proposed Ordinance imposes additional regulations inconsistent with those State regulations.
At this time, no member of the Lubbock City Council has made a request for this Ordinance to be placed on an agenda.