SAVE AUSTIN NOW: Austin Monitor Story on Our Prop B Lawsuit
We will NEVER stop fighting to improve public safety in Austin.
We would like to thank the Austin Monitor for covering the recent 3rd Court of Appeals ruling on our Prop B enforcement lawsuit.
You can read the story below.
Save Austin Now to get rehearing on enforcement of Prop B - Austin Monitor
Jo Clifton
Tuesday, February 4, 2025
Save Austin Now, the group that pushed for and won an election to make the city enforce a ban on camping among homeless residents, has won a victory at the 3rd Court of Appeals. Save Austin Now filed suit in early 2023 alleging that the city was not enforcing the camping ban, which was reinstated by voters as Proposition B in 2021. Prop B re-criminalized lying down on a public sidewalk and sleeping outdoors downtown and near the University of Texas.
District Judge Amy Clark Meachum ruled in 2023 that the plaintiffs lacked standing and therefore the court lacked jurisdiction over the matter. The appellate court agreed on the question of standing but said the judge should have allowed the plaintiffs to replead their case and have another hearing.
It will be up to the plaintiffs – Robert Mayfield, Laura North, Stuart Dupuy and Bob Woody – all of whom own Austin businesses, to offer new reasons that the court should consider their lawsuit. Those plaintiffs allege that that the city is refusing to enforce the camping ban and “as a result, unnamed individuals are committing various criminal acts on and or near their business property.”
ECHO, the Ending Community Homelessness Coalition, estimated that 5,308 people were experiencing homelessness last September. New data is expected to come out this spring after the January point-in-time count.
On Monday, David Gray, the city’s homeless strategy officer, told the Public Safety Commission that the Austin Police Department closed more than 1,200 homeless campsites last year. Those were enforcement actions, and the Homeless Strategy Office was not involved in that. City data indicates that since June 2021, officers have issued about 1,200 citations and arrests.
At the same time, Gray said the city conducted 12 coordinated removals and relocations under the HEAL initiative. He said it took two to three days to move all the inhabitants from each site and their belongings to a new location together. Another four nearby camps were also closed under the HEAL initiative for a total of 16 camps removed. He said about “80 percent of those we come in contact with” in the homeless camps will accept the city’s offer of help.
Last week, the City Council reiterated its support for housing people experiencing homelessness.
Although they applauded the ruling that will allow them to replead their case, Save Austin Now complained in a press release about how long it took the court of appeals to issue a ruling.
In that statement, Save Austin Now co-chairs Matt Mackowiak and Steven Brown said, “It is outrageous that it took 549 days to receive this ruling from the 3rd Court of Appeals. 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.”
The Austin Monitor reported that the U.S. Department of Housing and Urban Development is sending Austin and Travis County $14 million to help address homelessness. That’s $2 million more than last year and will support 16 local projects aimed at ending homelessness.
OUR EMAIL FROM SATURDAY:
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.
# # #
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.
- - -
> 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
- - -
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!
- - -
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.