Episode 1: Neighbors Suing Neighbors

In this series, we're diving deep into the 18-page ordinance that’s currently threatening Amarillo’s culture, economy, and the well-being of its people. Today, in Episode 1, we’re tackling a critical and concerning aspect of this ordinance: the private right of action. Unlike laws enforced by the police or government agencies, this ordinance encourages something far more troubling—neighbors suing neighbors.

“This ordinance would not be enforced by the police, but by neighbors suing neighbors through a private right of action.”

“According to section 8-6-8 of the ordinance, anyone can sue another person for violating or even intending to violate it’s rules.”

Section 8-6-8 from the Sanctuary City Ordinance, or Prop A

A "private right of action" allows individuals, rather than government authorities, to sue others for violating certain laws. In the context of this ordinance, the city isn't relying on police or prosecutors to enforce these rules. Instead, it's opening the door for private citizens to take legal action against one another. As the ordinance states, "Any person…has standing to bring and may bring a civil action against any person or entity..."

This means that anyone who believes someone else has violated or even intends to violate the ordinance can file a lawsuit. This approach shifts the burden of enforcement from public institutions to private individuals, turning every resident into a potential enforcer of this law. There is no proof required to file a civil suit, and Prop A goes so far to limit what people can use as a defense in court when they are sued.

To understand the gravity of this, let's consider a real-life scenario. Imagine you have a friend who needs to travel out of state for medical reasons. You offer to drive them, not knowing that part of their trip involves seeking legal abortion care. Under this ordinance, you could be sued by another Amarillo resident for "aiding and abetting" an abortion, even though your actions were entirely legal where they occurred.

Or take another example: you donate to a nonprofit organization that supports reproductive health services. Even if your intention is to support broader health initiatives, someone could accuse you of indirectly aiding abortion services. This broad interpretation could lead to countless lawsuits, targeting well-meaning individuals simply for helping others.

So what is considered a “violation”?

Excerpt from Sec. 8-6-1 from the Sanctuary City Ordinance, or Prop A

According to Prop A, anyone can sue another person for violating or even intending to violate its rules. Here are some examples of actions that could make you a target:

1. Providing Information:

   • Under this ordinance, providing information about abortion services could be seen as "aiding and abetting" unless that information is strictly truthful and relates to services that are legal in the jurisdiction where they are offered. Even sharing a link or suggesting where someone might find abortion services outside of Texas could make you vulnerable to a lawsuit.

2. Logistical Support:

   • If you offer to drive someone to another state where abortion is legal, or even provide directions, this could be considered aiding an abortion. The ordinance makes it clear that logistical support is a key aspect of "aiding and abetting," turning simple acts of kindness into potential legal liabilities.

3. Emotional Support:

   • While the ordinance excludes emotional support after an abortion from its prohibitions, offering emotional support before or during the process could be grounds for legal action. This could deter people from providing much-needed support to friends or family members during a difficult time.

4. Physical Support:

   • Any form of physical assistance, such as accompanying someone to a clinic or helping them through the process, could be considered aiding an abortion. The ordinance uses broad language to encompass various forms of support, increasing the risk of legal repercussions for those simply trying to help.

5. Supporting Family Members in Emergencies:

   • Imagine a situation where a family member needs to travel out of state for emergency medical care that includes an abortion. Under this ordinance, helping your loved one could lead to a lawsuit. The broad interpretation of aiding and abetting doesn't take into account the complexity and urgency of real-life situations.

This ordinance has the potential to tear apart the fabric of our community. By encouraging residents to sue each other, it sows distrust and fear. Neighbors who once looked out for one another may now be motivated to spy and report, knowing they can profit from litigation. This not only damages relationships but also creates a chilling effect on free speech and the sharing of information.

Is this the kind of Amarillo we want to live in? An Amarillo where fear and suspicion replace trust and community?

Visit us back here next week as we tackle another aspect of this legislation. For more detailed information and find out how you can get involved in opposing this harmful ordinance. Together, we can educate our community from the divisive and damaging effects of this law.