City of Avery becomes 83rd ‘Sanctuary City for the Unborn’ in the US

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On Thursday, September 25, the City Council of Avery, Texas (pop. 462) passed an “Ordinance Outlawing Abortion, declaring Avery a Sanctuary City for the Unborn” in a 4-0-1 vote. The vote made the City of Avery, located on U.S. Hwy 82 between the cities of Annona (pop. 288) and De Kalb (pop. 1,769), the 66th city in the State of Texas and the 83rd city in the nation to pass an ordinance banning abortion. 

The Avery City Council had previously heard about the measure during public comments at their council meeting on August 12. While the city council planned on voting on the measure at their meeting on September 16, and the city council did meet, the meeting was rescheduled due to factors unrelated to the ordinance and related to another agenda item. At the Avery City Council meeting on September 25 the city council adopted the measure 4-0-1: four in favor, zero opposed, and one abstention. 

Joining the City of Annona, the City of Avery is now the second city in Red River County, and the 21st city in the Tyler-Longview Area Region to pass a ‘Sanctuary City for the Unborn’ ordinance. Other cities in the region to have passed such ordinances include: Athens (pop. 13,503), Lindale (pop. 6,923), Rusk (5,664), Gilmer (pop. 5,216), New Boston (pop. 4,686), Hooks (pop. 2,769), Waskom (pop. 2,190), Naples (pop. 1,378), Big Sandy (pop. 1,343), Omaha (pop. 1,021), East Mountain (pop. 899), Wells (pop. 853), Como (pop. 758), Murchison (pop. 606), Talco (pop. 494), Avinger (pop. 444), Gary (pop. 335), Poynor (pop. 314), Annona (pop. 288) and Douglassville (pop. 228). The only city in the region, and the entire state, to have recanted their ordinance is the City of Omaha – who recanted their ordinance after receiving an open records request from the ACLU of Texas in 2019. 

Red River County is a strongly conservative county in Northeast Texas, where over 80% voted for President Donald J. Trump in the 2024 presidential election. During the 2022 Republican Party Primary, Red River County voters had the opportunity to vote on Proposition #5, which stated:“Texas should enact a state constitutional amendment to defend the sanctity of innocent human life, created in the image of God, from fertilization until natural death.”

An overwhelming 90.23% voted in favor of this proposition. 

Red River Republican Chairman Cebron O'Bier shared:

"Tonight is a milestone in Red River County as the Avery City Council approved an ordinance making Avery the second city in the county to become a Sanctuary City for the Unborn.

Mayor Alex Ackley and the council recognized the importance of protecting both pregnant women and their unborn children from the violence of abortion.

For me, this moment is personal. Avery is my hometown, and seeing our community take this step fills me with gratitude and pride. Tonight, Avery’s name will be remembered in a very special way."

The six provisions of the Avery Sanctuary City for the Unborn Ordinance:

• prohibit performing an elective abortion and aiding or abetting elective abortions within the city limits of Avery,

• prohibit elective abortions on residents of Avery – regardless of where the abortion takes place,

• prohibit abortion trafficking through the City of Avery,

• prohibit the mailing of abortion-inducing drugs into the City of Avery,

• prohibit criminal organizations from doing business inside the city limits of Avery, and

• prohibit through or in the City of Avery the transportation and disposal of the remains of unborn children who have been killed by an elective abortion across state lines and carried into Texas by waste management companies. 

The Avery Sanctuary City for the Unborn Ordinance is enforced in the same manner as the Texas Heartbeat Act — through a private enforcement mechanism. The ordinance reads: "Any person, other than the city of Avery, and any officer or employee of the city, has standing to bring and may bring a civil action against any person or entity that: violates any provision” of this ordinance.

The Avery Sanctuary City for the Unborn Ordinance also educates about the state-funded Thriving Texas Families Program and the services provided through pregnancy care providers partnered with the Texas Pregnancy Care Network and The Pregnancy Network. The closest pregnancy center to Avery that is a part of the program is Expectant Heart Pregnancy Center - located 29.8 miles away in Mount Pleasant, Texas. 

Citizens who wish to see their city or county pass an ordinance to further protect pregnant mothers and their unborn children from the violence of abortion are encouraged to sign the online petition.