Hayes Center Becomes Twenty-Fourth City in the Nation, First City Outside of Texas, to Outlaw Abortion
Village of Hayes Center Board of Trustees (front row, left to right) Sarah Rosno, Nikki Hamilton, Alicia Richards, Kim Primavera (back row, left to right) Mark Lee Dickson - Director with Right to Life East Texas and Founder of the Sanctuary Cities for the Unborn Initiative, and Tracy Neverve. Photo by Cindy McKillip.
By The Times-Republican Staff
Hayes Center, Nebraska. On Tuesday night Hayes Center, Nebraska became the twenty-fourth city in the nation, and the first city outside of Texas, to pass an ordinance outlawing abortion within their city limits. The vote by the village of Hayes Center Board of Trustees was a unanimous 5-0 vote. Not one person spoke in opposition of the ordinance at the public meeting.
Village Chair, Kimberle Primavera first heard about the initiative through a story in Live Action about the small town of Carbon, Texas (Population 348) becoming the twentieth city in Texas to outlaw abortion. Primavera brought up the idea to be discussed by the Hayes Center Board of Trustees at a meeting in March and, after receiving the green light to pursue the matter further, decided to fill out the online petition on the Sanctuary Cities for the Unborn website. Mark Lee Dickson, the founder of the Sanctuary Cities for the Unborn Initiative, responded to Primavera’s inquiry. An ordinance was drafted specifically for the village of Hayes Center and Dickson ended up driving over 850 miles from Texas in order to assist with the passage of the ordinance.
Mark Lee Dickson, Director with Right to Life East Texas and Founder of the Sanctuary Cities for the Unborn Initiative, addresses the village of Hayes Center Board of Trustees regarding the ordinance to outlaw abortion in the Village of Hayes Center.
In his presentation before the Hayes Center board of trustees Dickson emphasized how, earlier this year, the Biden Administration made a very public commitment to make sure everyone had abortion access in every zip code. Hayes Center is the only incorporated city which exists within the 69032 zip code. Dickson explained that while some cities across the United States had passed resolutions calling themselves “sanctuary cities for the unborn” a resolution would do absolutely nothing to protect the health and welfare of the residents of Hayes Center. According to Dickson, this is why an enforceable ordinance was necessary.
The Hayes Center Ordinance Outlawing Abortion declares “It shall be unlawful for any person to procure or perform an abortion of any type and at any stage of pregnancy in the village of Hayes Center, Nebraska” and “It shall be unlawful for any person to knowingly aid or abet an abortion that occurs in the village of Hayes Center, Nebraska.”
Abortion is defined by the 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.” The Ordinance is clear that the term does not include birth control devices or oral contraceptives. The Ordinance is also clear that the act is not an abortion if the act is done with the intent to “save the life or preserve the health of an unborn child” or “remove a dead, unborn child whose death was caused by accidental miscarriage” or “remove an ectopic pregnancy.”
Besides outlawing abortion, the Hayes Center Ordinance also declares abortion-inducing drugs to be contraband stating “It shall be unlawful for any person to possess or distribute abortion-inducing drugs in the village of Hayes Center, Nebraska.”
The Ordinance defines “abortion-inducing drugs” as “mifepristone, misoprostol, and any drug or medication that is used to terminate the life of an unborn child.” The Ordinance is clear that the term “abortion-inducing drugs” does not include birth-control devices or oral contraceptives.
The Hayes Center Nebraska Ordinance, like the Sanctuary Cities for the Unborn ordinances in Texas, is enforceable. The Ordinance states, “any person, corporation, or entity who commits an unlawful act described in Section D shall be subject to a fine of $500.” This fine is immediately enforceable and contains only one exception. “Under no circumstance may the penalty described . . . be imposed on the mother of the unborn child that has been aborted.” The ordinance is clear that this penalty is not dependent upon the overturning of Roe v. Wade or any other court ruling.
If the village of Hayes Center finds themselves in a lawsuit as a result of ordinance Attorney Jonathan F. Mitchell, the former Texas Solicitor General, has agreed to represent the city at no cost to the city and taxpayers. In May 2020, when seven cities in East Texas who had passed the ordinance were sued by the ACLU, Mitchell represented the cities, and after three months, the ACLU withdrew their lawsuit. The lawsuit did not cost the cities or the taxpayers one cent and abortion remains outlawed in every city which was sued.
The largest city which has passed an ordinance outlawing abortion so far is the City of Big Spring, Texas (Population 28,862) but that may be changing soon. Due to an Initiative and Referendum provided by Lubbock's City Charter the citizens of Lubbock, Texas (Population 264,000) will be voting on outlawing abortion within their city limits on May 1st, 2021.
Dickson told the Hayes Center Times Republican that he believes more villages and cities throughout Nebraska will be following in the footsteps of Hayes Center in the near future. "While the Biden Administration wants abortion access in every zip code, many cities throughout Nebraska do not." said Dickson.