BREAKING NEWS: 3rd Court of Appeals FINALLY Issues Ruling on Our Prop B Appeal
We will NEVER stop fighting to improve public safety in Austin.
Good Saturday morning --
We have ONE quick and important update for you today:
3RD COURT OF APPEALS FINALLY ISSUES A RULING
Here is our press release on the 3rd Court of Appeals ruling on our appeal related to camping ban (Prop B) enforcement.
FOR IMMEDIATE RELEASE:
January 31, 2025
Save Austin Now PAC Responds to 3rd Court of Appeals Ruling on Prop B Enforcement: Ruling Gives Us New Options, Clarity
3rd Court of Appeals Remands Plea to the Jurisdiction to Lower Court for a Re-Hearing
AUSTIN, TX — Today nonpartisan Save Austin Now PAC is responding to the long-awaited ruling from the 3rd Court of Appeals on its appeal of a procedural ruling in District Court which claimed that the plaintiffs in the Prop B enforcement lawsuit did not have standing to sue the City of Austin. In the ruling, the 3rd Court of Appeals upheld the standing ruling, which we strongly disagree with, but they remanded the question back to District Court and admonished the District Court for not allowing a re-hearing on the matter. In this matter, the lawyer representing our plaintiffs is Michael Lovins, of Lovins Law Firm.
“The 3rd Court of Appeals agrees with us that the City of Austin cannot legally thumb its nose at the will of Austin voters,” said Lovins. “We are eager to press the City on its illegal policies, and we will stay the course until the City does its job.”
Save Austin Now filed a lawsuit (case 03-23-00051-CV) on January 26, 2023 (737 days ago) and this ruling is the second step of a six-step judicial process. The 3rd Court of Appeals has had all filings and briefs since August 2, 2023 (549 days ago) and only today issued a ruling. The 3rd Court of Appeals received a Motion to Expedite decision on March 27, 2024 (311 days ago).
“It is outrageous that it took 549 days to receive this ruling from the 3rd Court of Appeals,” said Save Austin Now co-chairs Matt Mackowiak and Steven Brown. “But today provides clarity and new options for us. At a time when the city of Austin just passed $350M in new homeless spending without an outside audit on past homeless spending, it is critical that we see Prop B fully enforced. Austin voters spoke clearly, and we intend to ensure that Prop B is enforced. Enforcement of the camping ban will improve public safety, public health and tourism, and benefit every neighborhood, every park and trail, every school, and every major intersection in our city. The fight continues.”
Prop B passed 58%-42% in May 2021, reinstating the homeless camping ban and overriding the failed homeless camping ordinance authored by former Mayor Steve Adler and championed by then-Council Member Greg Casar when it was passed in July 2019 by a 9-2 vote.
Despite that overwhelming vote, Austin refuses to fully enforce the camping ban in violation of city ordinance, the will of the voters, and state law.
According to data collected by @DocumentingATX and a data visualization created by local UIUX startup Nomakik.AI, Austin has more than 6,000 homeless people in more than 230 illegal encampments throughout the city.
To learn more about Save Austin Now PAC, please visit
To support our overall efforts to improve quality of life, donate here.
To support our Prop B (homeless camping ban) lawsuit, donate here.
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HOW YOU CAN HELP OUR PROP B LAWSUIT
Lawyers are not cheap and we have a long road ahead, but we will continue fighting this battle to ensure that the City of Austin honors the will of the voters who passed Prop B (camping ban reinstatement) in May 2021 by 58%-42% with more than 90,000 votes ion our favor.
You may donate to our legal effort here to force full enforcement of Prop B here: https://secure.anedot.com/save-austin-now-pac/save-austin-now-pac-legal-fund-c4cfa533f8ab98c9da232.
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> To learn more about Save Austin Now PAC, please visit: http://www.SaveAustinNowPAC.com
> To support our overall efforts to improve quality of life, donate here -- https://secure.anedot.com/save-austin-now-pac/hold-city-hall-accountable-c9e1ad79648f72e6b8778
> To support our Prop B (homeless camping ban) lawsuit, donate here -- https://secure.anedot.com/save-austin-now-pac/save-austin-now-pac-legal-fund-c4cfa533f8ab98c9da232
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As we have said before, we have only begun to fight!
Thank you!
As we have said before, we have only begun to fight!
Thank you!
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Will you please support our efforts now?
You may donate to our efforts to hold Jose Garza accountable here: https://secure.anedot.com/save-austin-now-pac/c256eee684ec4a4d310ab.
You may donate to our legal effort here to force full enforcement of Prop B here: https://secure.anedot.com/save-austin-now-pac/save-austin-now-pac-legal-fund-c4cfa533f8ab98c9da232.
Pol. ad. paid for by Save Austin Now PAC. Leland Bickers, Treasurer. SaveAustinNowPAC.com
» Learn more: SaveAustinNow.com
Political ad paid for by Save Austin Now PAC. 807 Brazos Street, Suite 304, Austin, TX 78701. Leland Bickers, Treasurer.