El Paso City Council votes to deprioritize abortion investigations
After a failed attempt last year, the El Paso City Council voted 7-1 to deprioritize police investigations into pregnant women suspected of having undergone an abortion and medical providers suspected of providing one.
City Reps. Alexsandra Annello, Chris Canales and Henry Rivera, the three co-sponsors of the item, were joined Tuesday by city Reps. Brian Kennedy, Cassandra Hernandez, Isabel Salcido and Art Fierro in supporting the measure, while city Rep. Joe Molinar voted against.
The proposal originally included three specific points, which were deleted per a request from Annello. The original measure included language that specified that "taxpayer dollars shall not be used frivolously for programs or efforts to criminalize people who seek or aid abortion"; "city funds shall not be used to solicit, catalog, report, or investigate reports of abortion"; and "police shall make investigating abortion their lowest priority."
In the end, the council was asked "to approve a resolution to create the appropriate City Policy which honors and protects the right of pregnant people."
Annello, Rivera and Canales announced the measure Jan. 26 in a news release in which Annello noted the item was being introduced "after the overturn of Roe v. Wade by the Supreme Court on June 24, 2022, and after Texas Governor Greg Abbott signed into law HB 1280, which criminalizes abortion at the level of a first-degree felony, carrying a sentence of up to 99 years in prison, with no exceptions for rape and incest."
“Enforcing pregnancy should not be anywhere near the duties of the City of El Paso or the El Paso Police Department," Annello said in the news release. "I believe that the City has a responsibility to protect its residents from any violation of their human rights and should ensure its residents have access to resources that will promote their health and wellbeing."
Residents speak out on abortion measure
Nearly 50 people spoke during the council meeting, with strong language being levied by both those for and against the measure, although most spoke against it.
Wesley Lawrence said the city had an opportunity to lead the state in protecting women's health care last year and should make right the wrong committed in previously voting it down.
"Our police force, city funds and other avenues should not be used to create vigilante task forces for people seeking to have abortions...," Lawrence said. "It's un-Texan and deeply against freedom."
Caleb Harrelson, however, called on the council to approve a separate resolution affirming the personhood of all El Pasoans, most notably unborn children.
"We are talking about the intentional ... taking of a human life in the womb," Harrelson said. "It's wrong to intentionally kill innocent humans."
Several others stepped up to oppose the measure, including Rebekah Valdez, who called the measure "idiotic," and Melissa Bailey, who worried for the mortal soul of El Paso Mayor Oscar Leeser and supporters on the council.
El Paso County Democratic Party Chair Michael Apodaca, however, noted that over the six months since the council last took up the issue, several Texas cities have adopted similar measures, including Austin, Dallas, San Antonio and Denton.
Valerie Bowers, who spoke by phone and said that she was "disgusted" to have to address the issue again, was reprimanded multiple times for personal attacks on Annello, as well as Rivera and his wife, former El Paso Democratic Party Chair Dora Oaxaca, whom Bowers accused of directing Rivera's actions.
Oaxaca spoke in support of the item shortly thereafter, while former city Rep. Claudia Rodriguez submitted a statement urging the council not to adopt the resolution.
Following public comments, Annello emphasized that the resolution mirrored language in the Grace Act, the resolution adopted by other Texas cities, so it has already undergone extensive legal vetting and is within the city's powers to enact.
“This item does not make a determination on abortion; it recommits our cities values … and we must pass this motion today,” Annello said before calling for a vote.
Other council members spoke on the issue after Annello's motion ‒ Canales read the resolution in its entirety, expressing confidence in the resolution's legality; Salcido questioned City Attorney Karla Nieman on the resolution's legality and was told that the resolution directs that a policy be adopted that fits within state law ‒ and then approved the resolution.
Abortion measure voted down first time out
The vote marked the second time the council considered the item in less than a year.
"I presented this item to City Council shortly after the overturn of Roe v. Wade, and the item unfortunately failed to pass at the time," Annello said in the release. "However, I promised our community that the fight for equal rights was not over and that there would be a continued effort to ensure the rights of all of our residents are protected.”
The first time around, Leeser was called on to break a 4-4 tie on the council, ultimately casting the vote that crushed the measure.
Annello, Hernandez and Rivera were joined by then-city Rep. Peter Svarzbein in supporting the measure in July, while Salcido and Molinar were joined by then-city Reps. Claudia Rodriguez and Cissy Lizarraga in opposing it.
“El Paso cannot and should not be a tool of surveillance for any form of government against those who are making tremendous decisions in their life," Annello concluded in last week's release. "This item looks to benefit the long-term health, safety, and quality of life of pregnant people.”
But Texas Republicans could have something to say about the move.
After a pledge from five Texas district attorneys not to prosecute abortion-related cases following the overturning of Roe v. Wade, several Republican legislators have proposed bills to target rogue prosecutors.
Twin bills introduced in the Texas House and Senate would empower Texas Attorney General Ken Paxton to take civil action against prosecutors who adopt policies limiting the enforcement of any criminal offense.
Both Abbott and Texas Lt. Gov. Dan Patrick have spoken previously about wanting to limit prosecutorial discretion, throwing into question any directive at odds with state law.
This article originally appeared on El Paso Times: El Paso City Council votes to deprioritize abortion investigations
