Prop A Creates Cruel and Unfair Trials in Amarillo
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. So far, we’ve covered how this will encourage neighbors to sue neighbors, encourages lawsuits without proof, prevents you from defending yourself in court, imposes extreme fines on its victims, and criminalizes free speech and association. In Episode 6, we’re breaking down how this ordinance creates cruel and unfair trials.
“This ordinance is full of vague definitions which will lead to arbitrary enforcement.”
Arbitrary enforcement means that laws or rules are applied in an unfair or random way, depending on who is in charge or who is being targeted. It happens when people in power decide when and how to apply a law based on personal judgment, rather than following clear, consistent rules. This can lead to some people being punished while others aren't, even if they did the same thing.
1. You Could Unintentionally Break the Law, Due to These Vague Terms
The vague wording in the ordinance could easily cause people to unintentionally break the law because it’s unclear what specific actions are illegal. For example, the ordinance talks about "aiding or abetting" an abortion without clearly defining what that includes. This means that simple acts like giving someone a ride, sharing information, or providing financial help might be considered illegal, even if the person didn’t realize it. When laws aren't clear, people can accidentally violate them without knowing they were doing anything wrong, leading to unfair punishments or lawsuits.
2. Unfair Punishments
The ordinance allows for unfair punishments by imposing harsh penalties, such as a minimum of $10,000 fines, even for small or unintended actions. Because the wording is so broad and unclear, people could be punished for doing simple things like offering a ride, giving advice, or donating money without knowing they’ve broken the law. These punishments don’t fit the nature of the actions and can cause significant financial and emotional harm. This creates a system where people could face huge legal and financial burdens for acts that, in many cases, are based on kindness or support, making the punishment far too extreme for the situation.
3. Prop A Strips Away Your Ability to Defend Yourself in Court
The ordinance makes it nearly impossible to defend yourself in court by removing many common legal defenses. For example, it states that you can't argue that you didn’t know the law, made an honest mistake, or believed the ordinance was unconstitutional. It even prevents you from using court rulings that were valid at the time of your actions but were later changed. This means that even if you acted in good faith or followed the law as it was understood at the time, you could still be punished. By stripping away these defenses, the ordinance leaves people vulnerable to lawsuits with no fair way to protect themselves in court.
While the ordinance claims to protect First Amendment rights, its language and intent show a clear disregard for these constitutional protections. The ordinance dismisses the validity of any defense based on the belief that its provisions are unconstitutional or that a court decision contradicts its terms. This means that even if a person argues that their First Amendment rights are being violated, that defense may not be considered valid under the ordinance. This undermines the rule of law and the judicial system's role in interpreting the Constitution and ensuring that local laws do not violate fundamental rights.
We believe Prop A is a direct attack on the First Amendment rights of the people. By criminalizing free speech, limiting online expression, restricting peaceful assembly, and encouraging lawsuits against constitutionally protected actions, it threatens to undermine the very freedoms that form the foundation of our democracy. This ordinance creates a culture of fear and silences voices in our community that want to provide support, share information, or advocate for reproductive rights. We must stand up for our constitutional rights and oppose this ordinance to protect free speech, the right to assemble, and the freedom to share information without fear of punishment.
