The History of the Effort To Outlaw Abortion In Lubbock, Texas
Lubbock, Texas has been the sight of heightened political activism for the last year. On May 1st, this period of Lubbock history will reach a dramatic climax as the citizens of Lubbock consider passing an ordinance outlawing abortion within their city limits.
If the citizens of Lubbock vote to pass the ordinance they will not be the first city to do so. The first city to pass an ordinance was Waskom, Texas on June 11th, 2019. The City of Waskom, whose population is 2,189, is located over five hundred miles southeast of Lubbock - a city whose population is 264,000.
Bishop Joseph Strickland takes a picture with Mayor Jesse Moore and Councilman Russell Allbritton of Waskom, Texas alongside Director Mark Lee Dickson with Right To Life of East Texas. The Mayor and City Council of Waskom was honored at the Right To Life of East Texas Celebrate Life Banquet on April 24th, 2020 for their role in becoming the first city in the nation to pass an ordinance outlawing abortion within their city limits.
Although the cities are vastly different in size, both cities reside in mostly conservative counties. The City of Waskom resides a county where 72.2% of their county voted Republican in the 2020 Presidential Election while the City of Lubbock resides in a county where 65.3% voted Republican in the 2020 Presidential Election.
In both counties the majority of Republican voters want to see abortion outlawed in the State of Texas. During the 2018 Republican Party Primary 75.77% of Republican voters in Harrison County, where the City of Waskom resides, said they wanted to see abortion outlawed in the State of Texas. For Lubbock County, where the City of Lubbock resides, 72.11% of Republican voters said they wanted to see abortion outlawed in the State of Texas.
The reaction the Mayors and the City Councils of each city had to the Ordinances were completely different, however. While the Mayor of Waskom and the Waskom City Council were unanimously in support of the ordinance, the Mayor of Lubbock and the Lubbock City Council were unanimously against the ordinance.
When the citizens of Lubbock realized that their leaders were not like the leaders of Waskom the people of Lubbock decided to take matters into their own hands and get the Ordinance Outlawing Abortion on the May 1st Ballot.
Interest In Lubbock
After Waskom became the first city to outlaw abortion on June 11th, 2019 an article was published in Lubbock Lights entitled, “Lubbock Should Follow Waskom, Texas and Make City a Sanctuary for the Unborn.” According to Mark Lee Dickson, a Director with Right To Life of East Texas and the founder of the Sanctuary Cities for the Unborn Initiative, this article was the first time he heard of there being an interest in the City of Lubbock outlawing abortion.
Three days after Lubbock Lights published the article calling for Lubbock to become a Sanctuary City for the Unborn, an article was published at KUT 90.5, Austin’s NPR website, which expressed Planned Parenthood of Greater Texas’ desire to restore abortion access in West Texas. The article also spoke of their commitment to erect billboards in Abilene, Amarillo, Lubbock, Midland, Odessa, and San Angelo.
In East Texas cities eventually raised up to follow in the footsteps of Waskom. The next cities in Texas to outlaw abortion were Omaha, Naples, Joaquin, Tenaha, and Gilmer. Following the six East Texas cities came the City of Westbrook - the seventh city and the first city in West Texas.
As Dickson found himself in West Texas, he started thinking about why Planned Parenthood dropped the names which they dropped. In a public Facebook post Dickson began to warn some of the larger cities. “Your names were dropped. You have every right to be concerned.” Dickson continued, “If you are from Abilene, Amarillo, Lubbock, Midland, Odessa, or San Angelo and you wish to see abortion outlawed in your city, please be sure to sign the online petition.” And, as a result of this public call, Sanctuary Cities for the Unborn started to receive online petition signatures from Lubbock, Texas.
Settling Down for a Season in the Caprock
In a packed community center the Whiteface City Council voted 3-2 to outlaw abortion within the city limits of Whiteface, Texas. Whiteface, Texas was the first city in the Caprock Region to outlaw abortion.
After the City of Westbrook outlawed abortion, then came the cities of Rusk, Colorado City, Big Spring, Gary and Wells, Texas. In March of 2020 the City of Whiteface, Texas, located 45 miles west of Lubbock, became the 13th city to outlaw abortion. Whiteface passed their ordinance right before concerns over the COVID-19 pandemic started shutting down the State of Texas.
In an interview with CRIT-LARGE Dickson shared, “I actually got stuck in the Caprock Region because this area was far less restrictive at the time than East Texas was.” Dickson admitted that he had been spending a lot of time responding to interest from residents in cities throughout the area west of Lubbock. While he had no interest in approaching the City of Lubbock at that time, he had started meeting with several residents from the Lubbock community.
The Return of Planned Parenthood
It was during this time that Dickson also heard a rumor that Planned Parenthood had bought some land in Lubbock. Dickson knew that at least part, if not all, of this rumor was true based on several reports of work bids being denied to Planned Parenthood. At this point, Dickson began working with Jim Baxa and Dorothy Boyett to try to find out where Planned Parenthood was planning on opening up.
In July of 2020, Dickson traveled back to East Texas to see the City of East Mountain outlaw abortion. Just a few days later, Dickson was notified about several job listings from Planned Parenthood - for Lubbock, Texas. After being absent from West Texas for several years, Planned Parenthood was coming back to Lubbock.
Concerned pro-life citizens knew that something had to be done. However, many were at a loss of what to do. Some of these citizens started to question if their city could pass the Sanctuary City for the Unborn ordinance. At the time, a total of 14 cities across the State of Texas had enacted ordinances outlawing abortion within their city limits. The largest city which had outlawed abortion was the city of Big Spring (population 28,864) located in West Texas. Could Lubbock (population 264,000) outlaw abortion?
A Senator and Two Representatives Step Up To Help
Soon the people of Lubbock saw their state delegation get involved in the discussion. Texas Senator Charles Perry, Texas Representative Dustin Burrows, and Texas Representative John Frullo urged the Mayor and City Council of Lubbock to enact a sanctuary cities ordinance similar to those enacted in other pro-life cities throughout the state in an effort to prevent Planned Parenthood’s efforts to start performing abortions within the City of Lubbock.
In an August 25th, 2020 letter addressed to Mayor Dan Pope, the three elected officials wrote, “It has come to the attention of many in our area that Planned Parenthood, the nation’s leading provider of abortion services, is planning to open a clinic in Lubbock between now and the end of the year. We respectfully request that the City of Lubbock take all necessary actions to prevent them from opening, since this organization profits off ending the lives of unborn children.”
The letter continued: “The battlefield to protect the unborn has shifted from the state to the local arena in recent years. For that reason, passing an ordinance designating Lubbock as a Sanctuary City for the Unborn will help to continue the Texas belief that life begins at conception, while also protecting the safety of mothers.”
The Sanctuary City for the Unborn movement had hit Lubbock.
Rallying For The Unborn
Pro-life supporters gather outside of Citizen’s Tower on September 8th, 2020.
Before too long, a rag-tag coalition of pro-life advocates was assembled, with Jim Baxa from West Texas For Life leading the charge. Dickson assisted Baxa in reaching out to several student groups from Texas Tech University to assist in the effort including Raiders Defending Life, Young Conservatives of Texas at Texas Tech, and Turning Point USA at Texas Tech as they sought to bring as many people together to fight for the rights of the unborn.
The growing pro-life coalition, full of youth and vigor, began holding rallies outside of Citizen’s Tower, the building where the city council meets, and started attending city council meetings to urge Mayor Dan Pope and the other Lubbock Council Members to pass the Sanctuary City for the Unborn Ordinance.
Their first rally drew a crowd of over 200 people ready and willing to stand for life.
Churches and Organizations Come Together
Senator Charles Perry speaks at the Pastor’s Press Conference at Church of the Blessed International on September 9th, 2020.
Knowing that the churches had to be on board to see this effort become a reality, Senator Charles Perry held a Pastors’ Press Conference at Church of the Blessed International on September 9th, 2020. Senator Perry, Dickson, and pastors throughout the Lubbock area stood together in unity to declare that they were going to do their part to prevent the murder of innocent children in the City of Lubbock, Texas.
At this meeting Dickson described to those in attendance how the Lubbock Ordinance, if passed, would immediately outlaw abortion within the city limits of Lubbock. Dickson also shared how the Sanctuary Cities for the Unborn Ordinances are aimed to work within the confines of Roe v. Wade while still decrying the court decision. In the Texas ordinances, public enforcement is contingent upon Roe v. Wade being overturned or another decision being made in the courts. However, the private enforcement may take place immediately upon the passing of the ordinance. Private enforcement allows for the relatives of a child killed via abortion to sue the abortionist and any who aided and abetted the abortionist for the death of their family member.
At the Pastors’ Press Conference, which had about 900 people in attendance, Dickson quoted generously from the proposed Lubbock Ordinance Outlawing Abortion.
Senator Perry, Dickson, and pastors from across Lubbock pray for the City of Lubbock at the Pastor’s Press Conference at Church of the Blessed International on September 9th, 2020.
The Lubbock Ordinance says, “It shall be unlawful for any person to procure or perform an abortion of any type and at any stage of pregnancy in the City of Lubbock, Texas,” and, “It shall be unlawful for any person to knowingly aid or abet an abortion that occurs in the City of Lubbock, Texas.” Abortion is defined by the Lubbock ordinance as “the act of using or prescribing an instrument, a drug, a medicine, or any other substance, device, or means with the intent to cause the death of an unborn child of a woman known to be pregnant.”
Dickson explained that the ordinance is drafted in a manner that prevents abortion providers from suing the city to challenge the constitutionality of the abortion ban. Instead, the ordinance authorizes private citizens to bring lawsuits against abortion providers who violate the ordinance, and abortion providers must wait to assert their constitutional claims in response to those private lawsuits.
However, if the City of Lubbock were to be sued by the passing of this ordinance, both Dickson and Perry shared that Jonathan F. Mitchell - the former Solicitor General of Texas, was willing to represent the city at no cost to the city or taxpayers in any defense of the Sanctuary Cities for the Unborn Ordinance.
Five Grandmothers and Several Very Loud Billboards
One of the many billboards erected throughout the City of Lubbock calling for Lubbock residents to stand for life in Lubbock, Texas.
Soon thereafter, five grandmothers in Lubbock started to contact their friends, pool their resources, and start raising money for billboards across the City of Lubbock.
The billboards read, “Make Lubbock A Sanctuary City for the Unborn. Contact the City Council Now!” These billboards could not be ignored and even caught the attention of Charlie Kirk, President of Turning Point USA, who praised their message and the effort taking place in Lubbock, Texas.
The billboards were a great encouragement to many and a true call to action. The people of Lubbock were going to need to recruit as many allies for the cause as possible.
By late September, the efforts of Raiders Defending Life at Texas Tech and Dorothy Boyett from West Texas For Life paid off. They found the location of Planned Parenthood and now had physical proof of exactly where they would be setting up shop in Lubbock, Texas. Waiting on the council was no longer an option.
The people of Lubbock had to do something now.
The Initiating Committee and the Quest To Be Heard
Initiating Committee members Dorothy Boyett and Skylan Wachsmann file to start the petition to outlaw abortion in Lubbock, Texas while West Texas For Life President Jim Baxa assists with the process.
From the very beginning, the local Lubbock government was against the ordinance. In fact, the city council refused to even consider the ordinance in a city council meeting despite numerous peaceful protests in front of Citizen’s Tower. Ironically, citizens were not allowed to speak within their own tower regarding the Sanctuary City ordinance – at least not until the coalition forced a hearing. When concerned citizens would attempt to bring up the ordinance, Mayor Pope quickly cut off speech and called the citizens “out of order.”
Because of the City Council’s refusal to consider their citizens’ requests, Lubbockites took the matter into their own hands. A section in the Lubbock City Charter states that an issue can be forced onto the city council’s agenda via a citizen’s petition initiative. The Charter states that if the petitioners can gather enough signatures within 60 days, the issue will be placed on the council agenda. So, seven Lubbock residents, including State Senator Charles Perry; Dorothy Boyett, Sandy Cisneros, Skylar Wachsmann, Erin Agee, Mitchell Cochran, and Katherine Cochran filed an initiative to outlaw abortion within the city of Lubbock and allowed for the process of collecting signatures from Lubbock residents.
Katherine Cochran, secretary of Raiders Defending Life at Texas Tech and a member of the Initiating Committee, was one of the first to sign the official petition to outlaw abortion in Lubbock, Texas.
After the Initiating Committee officially filed the petition on September 25th, 2020 with the City Secretary, the pro-lifers were off to work to gather the signatures of voters registered within Lubbock city limits. The petitioners needed to gather signatures equivalent to or greater than 25% of voter turnout in the last mayoral election.
The number of signatures which the initiating committee needed to obtain in order for the initiative to be successful was 3,651 valid signatures from residents of the City of Lubbock.
Petitions and Petitioners Everywhere
Members of Young Conservatives at Texas Tech, one of the many groups who spent many long hours verifying petition signatures for Lubbock to become a Sanctuary City for the Unborn.
Petitioners set up booths at their churches, walked door-to-door, and campaigned at multiple Trump 2020 rallies to gather the needed signatures. On Sunday, September 27th over 36 churches set up Signature Petition Stations within the doors of their churches.
Meanwhile, discussions were taking place about outlawing abortion in the City of New Home which is located about 25 miles southwest of Lubbock. On September 29th, 2020, the City of New Home became the fifteenth city in the nation to outlaw abortion. Then, on October 12th, 2020, the City of Morton - located 56 miles west of Lubbock became the sixteenth city in the nation to outlaw abortion.
This encouraged the people of Lubbock even more.
Beyond merely gathering signatures, the pro-life coalition spent countless hours verifying the signatures, making sure the signers were registered to vote and lived in Lubbock. The pro-life laborers took no chances. After all was said and done, the petition had over 7,000 signatures.
When the initiating committee felt comfortable that they had enough valid signatures, they stopped verifying the signatures and, on October 13th, 2020, turned in the signatures - both the verified and the unverified.
A total of 5,780 verified signatures had been turned in. Out of those 5,780 the City Secretary reviewed 5,109 signatures. Out of the 5,109 signatures which were reviewed, 583 signatures were disqualified and 4,526 signatures were qualified - well over the 3,651 needed for the initiative to be successful.
A collection of petitions dropped off and ready for verification.
Now, the Lubbock City Council would be forced to hold a public hearing and debate the ordinance. As the days before the much-anticipated public hearing waned, peaceful gatherings were regularly held outside Citizen’s Tower.
People mulled over what they would say to the Council. The pro-life groups like West Texas for Life, Raiders Defending Life, Young Conservatives of Texas, Lubbock Area Republican Women, Project Destiny, and College Republicans as well as many, many churches spread the word about the hearing.
A Heated Mayoral Race
In backdrop of the pro-life movement, Mayor Dan Pope was hoping to be reelected as Mayor for another two years. While mayoral elections typically have low turnout and participation, the 2020 mayoral race grew heated with Sanctuary City for the Unborn Ordinance being at the forefront.
Mayoral candidate Stephen Sanders pledged that he would support the ordinance if he were elected mayor. In fact, Sanders was present at the majority of pro-life rallies outside of Citizen’s Tower and Planned Parenthood. However, Sanders was not able to gather the momentum needed to win the race. Sanders’ lack of political experience likely led to his defeat. While a sincere and genuine person, he was viewed by many as unable to articulate his views as well as the incumbent.
Furthermore, Sanders had recently undergone a conservative awakening after being more liberal for many years. His past led many conservatives and pro-life people to either refrain from voting or to reluctantly vote for Dan Pope. Therefore, the “anti-ordinance” Mayor Pope won.
Despite the set-back of not having a single openly pro-ordinance councilman, the pro-life coalition carried on.
Olson & Olson, a Legal Review, and Planned Parenthood
The city council was not entirely idle. After numerous rallies and a continual outcry from the public which could not be stopped, the City of Lubbock responded to their state lawmakers by announcing that they had sent the ordinance to their city attorney’s office for legal review. The City then announced that they would be outsourcing their legal work on this issue, hiring Olson & Olson - a law-firm out of Houston, Texas.
Problems arose, however, when pro-life activists throughout the State of Texas realized the law-firm hired had family-ties to one of Planned Parenthood’s former Board Chairs.
Kris Kaiser Olson is the former Board Chair of Planned Parenthood of Greater Texas, the very same organization which has announced their plans to open up an abortion facility in Lubbock, Texas.
According to their website, “The new Planned Parenthood health center in Lubbock will provide affordable healthcare services” with both “surgical and medication abortion services” available at a later date. Kris Kaiser Olson is the wife of Charles D. Olson, the nephew of Olson & Olson’s founder, William A. Olson, Sr. Additionally, Kris Kaiser Olson has been actively involved in opening Planned Parenthood facilities across Texas.
Some, including Mayor Dan Pope, have pointed out that Kris Kaiser Olson’s husband does not work at Olson & Olson in Houston, but Haley & Olson in Waco, arguing the absence of any connection which would be a conflict of interest for the Houston firm. Careful research, however, revealed otherwise.
While it is true that Kris’ husband is not a part of the Olson & Olson law firm in Houston, his uncle was William A. Olson Sr. and his cousin is William A. Olson Jr. - the two founding partners of the Olson & Olson law firm in Houston, Texas.
West Texas for Life President Jim Baxa said, “It is undeniable that Kris Kaiser Olson is the wife of Charles D. Olson and that he is, in fact, the nephew of William A. Olson Sr. You can find that much out by William A. Olson Sr.’s obituary.” Baxa continued, “If Kris Kaiser Olson had just been a volunteer at Planned Parenthood this wouldn’t have been that big of an issue, but the fact that she was involved in a leadership role with Planned Parenthood and can be found in pictures of Planned Parenthood ribbon-cutting ceremonies with abortion giants like Cecile Richards and Ken Lambrecht. That is an issue which cannot be ignored.”
In a January-March 2015 newsletter for Planned Parenthood of Greater East Texas, a picture of Kris Kaiser Olson at a ribbon-cutting ceremony of the South Dallas Surgical Health Services Center in Dallas, Texas with Planned Parenthood Federation of America President Cecile Richards and President and CEO of Planned Parenthood of Greater Texas Ken Lambrecht. Kris Kaiser Olson was listed in the picture as the Planned Parenthood of Greater Texas Board Chair. Baxa was not the only pro-life leader who found this issue concerning.
John Pisciotta with Pro-Life Waco, speaks at a rally outside of Citizen's Tower in Lubbock, Texas.
John Pisciotta, Director of Pro-Life Waco, said, “We’ve already determined that Olson & Olson has strong family ties to Kris Olson. Kris is one of the leaders of the Texas abortion industry, serving as a board member of Planned Parenthood Waco and then Planned Parenthood of Greater Texas following a merger of three Planned Parenthood affiliates.” Pisciotta continued, “Kris served a full-term as chair of the board of Planned Parenthood of Greater Texas following the merger of Austin / Waco / Dallas-Fort Worth affiliates.”
As such, it became no surprise that attorney Art Pertile of Olson & Olson, who used to be the City Attorney of Waco and no friend to Pro-Lifers, recommended against the Sanctuary City for the Unborn Ordinance.
The Public Hearing to Outlaw Abortion in Lubbock, Texas
The lobby of Citizen’s Tower was full of Lubbock residents wanting to see abortion outlawed within their city limits.
After much anticipation, the public hearing was finally held on Tuesday, November 17th, 2020. Over 150 residents spoke before the council regarding the ordinance, and the majority were in favor of it.
David Rhoades, Pastor of Broadview Baptist Church, criticized the legal advice the council had received from Olson & Olson as “poor, and fundamentally incorrect.” Pastor Rhoades went on to quote section 1.07 of the Texas Penal Code which defines an individual as, “A human being who is alive, including an unborn child at every stage of gestation. From fertilization until birth.” Rhodes argued that, according to the legal definition, accidental and intentional deaths of unborn individuals carry the potential for civil and criminal penalties. “In addition to the Texas Penal Code, Title 10, Chapter 22:72 of the Texas Government Code specifically allows cities and counties to prohibit abortion within their jurisdictions. Both codes in Texas establish a simple fact: there exist no legitimate legal reason to keep this city council from passing the proposed ordinance, and the fear that the City of Lubbock could be sued should be assuaged by the fact that the ACLU has withdrawn its lawsuits on this matter.”
Throughout the night, the Mayor rebuked residents for addressing the issue of abortion in detail, sharing their personal stories about abortion, or sharing their faith reasons for being in favor of the ordinance outlawing abortion.
One of the residents rebuked by Mayor Pope was Marty Gregory. Gregory is a female minister who volunteers at a pregnancy resource center. Her reason for being in support of the ordinance was rooted in her Christian beliefs. But what she said, in Mayor Pope’s eyes, was worthy of this rebuke: “We’ve got to stay on the ordinance. With all due respect, this is not about your beliefs or the Lord’s belief, it’s about the ordinance. So keep your comments to that.”
As another resident spoke about Planned Parenthood and the selling of baby body parts, Mayor Pope stopped her mid-sentence, saying, “Mrs. Whittenberg, baby parts have nothing to do with the ordinance. The argument is about a Sanctuary City for the Unborn. Not about Planned Parenthood.”
One of the most heated exchanges of the night was during the testimony of Shonda McCay Rodriguez. Mayor Pope appeared to become visibly bothered when Rodriguez began to quote from Princeton University’s website. The quote was on when life began. Despite Mayor Pope’s quick rebuke that addressing such statements were out of order, Rodriguez defended her reasoning for talking about when life begins. “I am getting to the point that human life is valuable . . . and I am describing where that life begins. That is crucial to this argument.“ Visibly irritated, Mayor Pope responded, “We have heard that. How many times have we heard that tonight? You haven’t talked about the ordinance yet. You have taken me through slavery and through civil rights. Let’s talk about the ordinance okay?”
Rodriguez stood firm, unwilling to yield her point. “Yes sir. Those are human rights injustices, and I believe that if we do not pass this ordinance, then we are committing yet another human rights injustice by saying we do not value the lives of the unborn. That is my entire point. We need to be on the right side of justice in this case when there are so many times in history when we have not been that, and I would like as a city for us to choose that. The citizens of Lubbock have made it glaringly obvious by the number of signatures we so quickly gathered that we as a city stand for life and we hope you will stand with us.”
Despite the continual push-back, Lubbock residents continued to share their reasons for wanting to see the ordinance pass outlawing the act of abortion with Lubbock’s city limits.
Lubbock resident Dorothy Boyett recalled having spent over 20 years ministering outside of various abortion facilities, including the previous one in Lubbock. “I’ll never forget those boxes they took out at the end of the day in biohazard bags,” said Boyett. “I knew what was inside and I will never forget that . . . I do hope and pray you vote for the Sanctuary City for the Unborn.”
A local physician, Dr. John Thomas addressed what he believed was Planned Parenthood’s true intention for coming to Lubbock. “Why they are coming here is for one purpose and for one purpose only - to kill babies,” shared Dr. Thomas. “What babies do they kill? They are going to kill black babies, Mexican babies, and poor parent babies. Is that a legacy to leave, Mayor and City Council?”
Lubbock resident Jim Brown had never spoken at a City Council meeting in his entire life, but found this council meeting worthy of his attendance. Brown’s testimony was riveting. “Are you going to stand for life or are you going to stand for death? Are you going to stand for right or are you going to stand for wrong? Are you going to stand for good or are you going to stand for evil? Are you going to stand for political correctness or for moral correctness? I am looking into your eyes tonight because I see people with a soul and I am asking you to give these unborn children that have a soul at conception the right to live their life too.”
And, despite the consistent pleas to save the pre-born babies of Lubbock, the City Council voted the ordinance down unanimously. Juan Chadis, Randy Christian, Steve Massengale, and Mayor Dan Pope all made pro-life comments at the council meeting. Depending on how one interpreted the council comments, Jeff Griffith and Sheila Patterson-Harris seemed to make sympathetic comments as well. However, it seemed evident that Latrelle Joy was either pro-abortion or indifferent.
One by one Lubbock residents spoke in favor of the Sanctuary City for the Unborn Ordinance before the Lubbock Mayor and City Council.
Every councilman cited Roe v. Wade as the “law of the land.” Councilman Jeff Griffith said, “This is about, in my opinion, the law. Whether you like it or not, Roe v. Wade is the law of the land. It has been.” Upon the making of this statement, someone from the council chambers spoke up in disagreement. Mayor Dan Pope quickly slammed down his gavel. “Listen. Let me be real clear, okay? We’ve listened all night long. It’s our time to talk. If you can’t keep your mouth shut you need to leave the chambers, okay? Are we clear on that?”
The Council disparaged state lawmakers, especially State Senator Charles Perry, State Representative Dustin Burrows and State Representative John Frullo.
Senator Perry, who spoke before the Council with humility and kindness at the hearing, was accused of seeking political status and using the Sanctuary City ordinance as a stunt. Senator Perry argued that this was not a stunt, pointing to the fact that both he and Representative Burrows had signed a letter with other State Senators and Representatives in support of the City of Big Spring outlawing abortion back in January of 2020.
Additionally, the City Councilmen were presented with a letter signed by nine attorneys throughout the state of Texas who all attested to the legality of the ordinance and the flawed arguments of Olson & Olson, the Mayor, and the Lubbock City Council.
The attorneys who signed onto the letter were: Jerri Ward (Austin, Texas), Kellye SoRelle (Granbury, Texas), Olivia Ponce (Marshall, Texas) Chris Carnohan (Abilene, Texas), Dustin Burrows (Lubbock, Texas), Cole Shooter (Lubbock, Texas), Frank G. Dobrovolny (Jacksonville, Texas), Elisha M. Hollis (Greenville, Texas), and Katie Nielsen (Carthage, Texas).
The aforementioned attorneys wrote:
“Mayor Pope and several city council members have been asserting that the proposed ordinance violates the federal Constitution, but they are mistaken. Abortion is not a constitutional right, and there is no language anywhere in the Constitution that even remotely suggests that anti-abortion laws are unconstitutional. Although the Supreme Court invented a right to abortion in Roe v. Wade, 410 U.S. 113 (1973), the Court’s holding merely prevents states or localities from enforcing abortion bans until Roe is overruled. It does not prevent states or localities from enacting abortion bans, so long as the city’s enforcement of its ban is delayed until the Supreme Court overrules Roe. The proposed ordinance is consistent with Roe because it specifically prohibits the city or its officials from enforcing the ordinance until they obtain a declaratory judgment from a court that the enforcement of the ordinance will comport with Supreme Court precedent. Instead, the ordinance allows the abortion ban to be enforced only through private citizen suits, and enforcement mechanisms of that sort will not expose the city to any liability. See Okpalobi v. Foster, 244 F.3d 405, 426-29 (5th Cir 2001) (en banc) . . .
If city council members decide to reject the proposed ordinance, they should do so only if they believe that the city of Lubbock will be better served by having Planned Parenthood performing abortions within the city limits. They should not reject the proposed ordinance on the belief that its enactment would somehow violate city law or the U.S. Constitution, and they should not use Olson & Olson’s flawed and unsupported analysis as an excuse to oppose the ordinance.”
While the unanimous opposition of the Lubbock City Council stung the pro-lifers who poured much time into the Lubbock pro-life movement, it was entirely expected. Thankfully, the Lubbock City Charter allows issues that were brought before the council as a result of citizen-initiated petition to be voted on in a referendum if the city council rules in a way displeasing to the initiating committee. The Initiating Committee did just that. Soon after the public hearing, a referendum request was filed. Thus began a new stage of the Sanctuary City for the Unborn Effort in Lubbock.
Dorothy Boyett filed the necessary paperwork to allow for the citizens of Lubbock to vote on outlawing abortion within their city limits.
On December 1st, 2020 the City of Ackerly, Texas, about 80 miles south of the City of Lubbock, became the seventeenth city in the nation to pass an enforceable ordinance outlawing abortion.
After a Thanksgiving and Christmas break, the pro-life coalition was back at it with renewed vigor for saving pre-born babies. The task of Winter/Spring 2021 was to promote the referendum at which Lubbock voters would have the option to vote for or against Proposition A: Making Lubbock Texas a Sanctuary City for the Unborn. The date was set as May 1st for the election. With the new task came a new and stronger organization.
Project Destiny, the group started by concerned, pro-life grandmas, was transformed in a full-blown special issue political action committee (i.e., a PAC). The aforementioned groups like West Texas for Life, Raiders Defending Life, Young Conservatives of Texas, Lubbock Area Republican Women, and many more found new structure under the banner of Project Destiny as the group led the charge in the campaign to see abortion outlawed in Lubbock, Texas.
Additionally, Right to Life East Texas, Students for Life of America (SFLA), and Texas Right to Life continued to do what they could to help the Lubbock effort.
On Monday, January 25th, 2021 the City of Grapeland, Texas, about 470 miles southeast of the City of Lubbock, became the eighteenth city in the nation to pass an enforceable ordinance outlawing abortion.
The Lubbock March For Life
The first big event in Lubbock for the new pro-life year was the Lubbock March for Life. Marches for Life took place across the country on the weekend of January 29th. In fact, many Lubbockites were in attendance at the Texas Capitol March for Life in Austin, Texas. Back in Lubbock the Lubbock Area Republican Women, led by LARW President Chalon Goodley, organized the first Lubbock March for Life.
Ashley Leenerts with Texas Right To Life speaks at the first session of the Lubbock March For Life outside of Planned Parenthood in Lubbock, Texas.
The event included a host of inspiring speakers from Senator Charles Perry, Pastor Ken Peters, Mark Lee Dickson, Karis Peters, Bevelyn Beatty, Edmee Chavannes, Brian Gunter, Rusty Thomas, Mark Crutcher, Betty Cardenas, Dr. Karyssee Trandem, and Republican Party of Texas Chairman Allen West.
West, a retired Lieutenant Colonel (LTC) in the United States Army, spoke regarding the upcoming Sanctuary City vote:
[T]he very first unalienable right which we have is life itself and if we do not stand up and start speaking up for that very first unalienable right “for the least of these” our country will never be blessed. No matter how many times you say, “God Bless America!” No matter how many times you say, “God bless Texas!” It ain’t happening.
This is a defining moment for us to pass on to these little ones over here. So that one day they can know that, “My Mama and my Daddy, my Grandma and my Grandpa - They stood up and corrected a heinous evil and a wrong. That’s the challenge we have here today.
Lubbock, the eyes of Texas are upon you!”
Mark Lee Dickson with Right To Life of East Texas was joined on-stage by Ashley Leenerts with Texas Right To Life, Mayor Javier Joven of Odessa, Texas, Jim Baxa with West Texas for Life, Councilman Mike Cummings from Joaquin, Texas, and Brian Gunter with Louisiana Right To Life as a stand of unity in support of Lubbock outlawing abortion within their city limits.
The final session of the three-part Lubbock March For Life took place at Destiny Church where Dickson with Right To Life of East Texas was joined on-stage by Ashley Lenerts with Texas Right To Life, Jim Baxa with West Texas For Life, and Brian Gunter with Louisiana Right To Life in a stand of unity for the Lubbock effort to outlaw abortion.
Also joining the pro-life organizations in support of Lubbock outlawing abortion was Mayor Javier Joven from Odessa, Texas - who wishes to see abortion outlawed in his city and Councilman Mike Cummings from Joaquin, Texas - the fourth city to pass an ordinance outlawing abortion within their city limits.
The police presence at the Lubbock March For Life was unusually high. Many assumed that this heightened presence was due to measures which were being taken at public events throughout the United States in the aftermath of the events of January 6th in Washington, D.C.
The “Watch List” provided by a Planned Parenthood employee in Waco, Texas to the Lubbock Police Department prior to the Lubbock March For Life.
What was unknown at the time, however, was that a Planned Parenthood employee out of Waco, Texas had actually sent the Lubbock Police Department a “watch list” which was circulated within the police department. The “watch list” contained a picture, name, date of birth, and various other details of thirteen different individuals who were involved in either organizing or speaking at the Lubbock March For Life.
The “pro-life thirteen” included T.K. Allen, Dorothy Boyett, Jim Baxa, Rusty Thomas, Eleah Lehnen, Chalon Goodley, Mark Crutcher, Shane Russell, Djon Russell, Mark Lee Dickson, Edmee Chavannes, Ken Peters, and Bevelyn Beatty.
It was clear that Planned Parenthood was attempting to make these thirteen people look like dangerous people worthy of being watched.
Increased Efforts
Lubbock residents Pat Perez and Betty Cardenas stand outside Market Street on 50th and Indiana promoting the Vote For Life in Lubbock, Texas.
In February the city of Goldsmith, Texas, about 145 miles southwest of the City of Lubbock, became the nineteenth city in the nation to pass an enforceable ordinance outlawing abortion.
Next came the cities of Carbon, Gorman, Murchison, with Latexo, Texas becoming the twenty-third city in the nation to pass an ordinance outlawing abortion.
After the conference, Project Destiny got busy getting word about the vote out. Groups of people were organized to go door-to-door to promote the vote. Others drove around the city handing out yard signs and fliers, which say “Vote for Life. Vote for the Ordinance.”
There were so many signs up throughout Lubbock that even the most apolitical person in Lubbock is sure to have seen one of the many pro-ordinance signs scattered throughout the city.
The effort really kicked up in April 2021, as the vote drew nearer and nearer. Block-walking efforts increased. Groups got together to call and text likely voters. More and more churches were showing the pro-ordinance commercial advertisements from Project Destiny.
Lubbock Resident Abraham Enriquez speaks to a group from Students For Life Action before they deployed to door-knock in Lubbock, Texas.
Representative Dustin Burrows and his wife also joined in getting the word out by recording an advertisement on local radio stations encouraging the citizens of Lubbock to vote for life on May 1st.
Information about the referendum became a commonplace subject in the local news and radio shows. Students For Life Action sent a group of pro-life students from across the state to raise awareness for the vote. Young Conservatives of Texas at Texas Tech and Raiders Defending Life also participated in this block-walking weekend.
Outside of Texas two cities in Nebraska, Hayes Center and Blue Hill, became the first cities outside of Texas and the twenty-fourth and twenty-fifth cities in the nation to pass ordinances outlawing abortion within their city limits.
As more and more cities outlawed abortion, the support for Lubbock outlawing abortion grew considerably.
“Outside Interests”
However, there has been opposition to the ordinance. A group called “Lubbock Coalition for Healthcare Access” began mailing fliers and putting up their own yard signs. These anti-ordinance signs seemed to be vastly outnumbered by the Vote for Life signs. The fliers sent out by Lubbock Coalition for Healthcare Access claimed that the support for the ordinance was the result of “outside special interests.” Ironically, most of the anti-ordinance funding came from outside of Lubbock whereas the majority of pro-ordinance funding came from within Lubbock.
Lubbock Resident Danny McCay shared in a post on Facebook just how much money he discovered was going to each side. McCay wrote,
Lubbock is currently voting yes or no on the “Sanctuary City” ordinance. Project Destiny Lubbock is the non profit set up to encourage citizens to vote yes. This organization was started by 5 ladies who live right here in Lubbock. One of their slogans is “Vote for Life.” They started with money out of their own pockets.
As of April 1st this organization has received $120,199 in cash and non monetary donations. $111,549 was donated by individual Lubbock citizens. $8,650 was donated by individuals from Littlefield, Slaton, Lorenzo, Wilson, Wolfforth, Ransom Canyon, Elgin Tx, Carlsbad NM, and Indian Hills, CO.
Lubbock Coalition For Healthcare Access is the organization that would like citizens to vote no on this ordinance. One of their slogans is “Leave Lubbock Alone.” Ironically this non profit organization is listed as formed in Dallas Texas.
As of April 1st, they have received $121,047.63 in cash and non-monetary donations. Only $1,650 of this came from Lubbock citizens! The rest came from New York, Brooklyn, Saint Louis, Baltimore, San Antonio, Dallas, Houston, Victoria, Austin, Wolfforth, and Shallowater! $50,000 of this money came from the Planned Parenthood Federation of America in New York, NY.”
While the amount of outside funding against the vote is alarming to some, Dickson believes the amount of money the abortion industry is spending is actually helping the efforts of those in favor of the ordinance. “Since Planned Parenthood is spending so much money in this election, I am expecting them to accept the results of this election and not choose to break the law if abortion becomes outlawed in Lubbock, Texas.” said Dickson.
Early Voting and the Fight Against Misinformation
Throughout early voting and up to the May 1st election, one of the greatest challenges for the Sanctuary City for the Unborn Initiative in Lubbock was the amount of misinformation being put forth by the opposition.
Dickson has addressed many points of misinformation publicly, including the claims from Lubbock Free Radical which state that the Ordinance “would allow for an abortion from 40 years ago to still be litigated today, as many times as family members wish to.” and that the ordinance prohibits abortions “even when the woman's life is in danger.”
Speaking of these claims Dickson told CRIT-LARGE, “These claims are both full of error. This ordinance is not retroactive, nor does this ordinance not allow for an abortion in circumstances where the life of the mother is at risk.” Dickson continued, quoting Section D3 of the Lubbock Ordinance which reads, “It shall be an affirmative defense . . . if the abortion was in response to a life-threatening physical condition aggravated by, caused by, or arising from a pregnancy that, as certified by a physician, places the woman in danger of death or a serious risk of substantial impairment of a major bodily function unless an abortion is performed.”
In addition to battling misinformation, Project Destiny has also had to fight against the vandalism of signs. Project Destiny member Paul Stell reported, “We are having a major problem with the opposition stealing and vandalizing our 4x4 signs. I would estimate thirty or more by now. Several that were placed up last night are gone. Lakeridge United Methodist, Lakeridge Baptist, three of the four at Calvary Baptist, Senator Perry's office, Saint Luke’s Southwest, First Assembly of God, Indiana Baptist, 98th and Frankford, Turning Point etc. Last week they went down a two mile stretch of Milwaukee Ave and took a bat or something to our signs and hit them and tore them up. Its amazing they are even willing to vandalize something placed on a church's property.” Stell continued, “These cost a lot of money. Worse, its is a banana republic style of intimidation and stifling of free speech.”
Still, no amount of opposition has slowed down or stopped Project Destiny and the Pro-Life community of Lubbock.
On the day before election day, volunteers called 4,000 voters urging them to go out to the polls and vote for life.
Early Voting Is Over. All That Remains Is Election Day.
As the May 1st voting day has arrived, Project Destiny and other pro-lifers are hoping for a victory for the pre-born of Lubbock, Texas. Early voting took place April 19th – April 27th and saw significant turnout for a non-presidential election. Indeed, the only other items on the ballots in some areas of Lubbock are Lubbock-Cooper ISD related school bond votes.
The fight for life is not expected to end in Lubbock after May 1st. If Lubbock voters vote to outlaw abortion today, then Lubbock will become the twenty-sixth city in the nation to pass an ordinance outlawing abortion.
Regardless of the outcome, the pro-lifers of Lubbock will continue to fight to save babies from slaughter and continue to fight to save mothers from making a terrible, soul-wounding decision wherever they may be.
To read a summary of the ordinance, as well as the ordinance in full, visit: https://projectdestinylubbock.com/ordinance.html
