Save Our Springs Alliance lawsuit seeks to remove Austin charter amendments from ballot

Editor’s note: This story has been updated to include a new statement shared by a spokesperson of the city of Austin.

The Austin City Council violated the Texas Open Meetings Act when placing a slate of charter amendments on the Nov. 5 general election ballot, a lawsuit filed Monday claims.

The suit was filed in Travis County’s 98th District Court by attorneys representing the Save Our Springs Alliance, an environmental nonprofit; its executive director, Bill Bunch; and Joe Riddell, a former staff attorney in the Texas attorney general’s office.

It seeks to invalidate the City Council’s approval of adding the charter amendments to the ballot. As Monday is the last day to order an election, if a judge rules in favor of the group, the 13 charter amendments approved last week by the City Council would not make it onto the ballot this year.

The lawsuit asserts that the city’s governing body violated both the public participation requirements and the public notice requirements of the act when it authorized the election at a hearing last Wednesday because all of the proposed amendments were compressed into one agenda item, rather than each one being taken up individually. This limited the amount of time a person could speak on the amendments and did not give substantial public notice on what the amendments would change, the lawsuit claims. 

“The Austin City Council is becoming lawless, and this lawsuit is another example of their arrogant disdain for transparency. Mayor Watson and the Council majority are undermining democracy with violations of the Texas Open Meetings Act,” Bill Aleshire, a former Travis County judge and attorney for the plaintiffs, said in a news release.

Bunch has seen success in the courts in suing the Austin mayor and City Council over violations of the Texas Open Meetings Act in the past.

“Following a lengthy and robust charter amendment process that included multiple opportunities for public input, we are aware of the lawsuit that SOS filed today that challenges the August 14 charter amendment election ordinance,” read a statement shared by city of Austin spokesperson David Ochsner with the American-Statesman. “The city stands by the process used.”

The city charter is a comprehensive legal document of the city of Austin’s rules and regulations. The proposed charter amendments include raising the threshold of signatures needed for a recall election of a City Council member from 10% of registered voters in the council member’s district to 15%, giving the City Council the authority to appoint and remove the city attorney, and requiring that initiative elections and citizen-initiated charter elections occur in even-year November general elections.