Former Austin City Council member again sues city over funding for abortion access

A conservative former Austin City Council member is once again taking the city of Austin to court over its use of public funds to aid Austinites seeking abortions, which are banned in Texas except in cases of life-threatening emergencies.

In the city's most recent budget, which the Austin City Council approved last week, the governing body allocated a $400,000 one-time expense to expand the city's "reproductive health grant" to provide logistical support , such as lodging and travel funds, for residents who seek to travel out of state for an abortion. The fiscal year begins Oct. 1 and runs through Sept. 30 of the following year.

A judge is now being asked to decide whether the city is violating state abortion law and the state Constitution's gift clause by spending public dollars on logistical support, which former council member Don Zimmerman claims in an amended petition filed in Travis County's 98th District Court on Tuesday.

The petition names the city of Austin, Austin Mayor Kirk Watson and City Manager T.C. Broadnax as defendants in the case. Additionally, Zimmerman is seeking both temporary and permanent court orders to prohibit the city from using the funds as intended and require the city to claw back "all public funds previously spent" on the matter.

“The City is aware of Mr. Zimmerman’s amended lawsuit in response to the recent budget allocation for logistical support services," Meghan Riley, the city's litigation division chief, said in a written statement to the American-Statesman. "We have successfully litigated this issue in the past and will respond to the recent allegations through the appropriate court channels.”

Zimmerman told the Statesman he "will have commentary on this at a later date."

In 2019, Zimmerman first brought suit against the city when it allocated $150,000 for similar logistical support in its 2020 budget on the heels of the state banning local governments from using taxpayer money to fund abortion services, providers or affiliates, the Statesman previously reported .

A Travis County district judge ruled against Zimmerman, and an appeals court later affirmed the decision of the lower court. In 2021, Zimmerman filed for a review with the Texas Supreme Court, which in December 2022 vacated all previous rulings. The state's highest court sent the case back to trial court because Roe v. Wade, the landmark U.S. Supreme Court case that enshrined abortion access in the Constitution, had been overturned, triggering a ban on the procedure in Texas. The court's opinion showed that the case needed to be reconsidered given the new circumstances.

"In more recent years, the City’s Reproductive Health Grant funding was significantly constrained, limiting funds to education and outreach for contraception and reproductive health care only," the original 2024 budget amendment proposal document stated . "Austinites seeking abortion care in other states need support from the City. Reestablishing logistical support of abortion access is critical to meet the healthcare gaps of City residents."

"Efforts to obstruct reproductive freedom in Texas are nothing new or surprising," Council Member Vanessa Fuentes, who brought forward the budget amendment this year, told the Statesman in a written statement. "I remain fully committed to defending our reproductive rights here in our home city. As far as I’m concerned, our resolve remains unchanged.”

This article originally appeared on Austin American-Statesman: Former Austin City Council member again sues city over funding for abortion access