SAN ANTONIO — Some San Antonio City Council members warned Thursday that approving taxpayer dollars to potentially fund travel for women to receive abortions would get them into legal hot water.
One day later, Texas Attorney General Ken Paxton turned that warning into a reality.
Paxton on Friday announced his office was suing the city, alleging that council’s decision to earmark $100,000 for downstream services – including travel for abortions, which some local organizations said they would use the money for if awarded – represents an “egregious misuse of public funds.”
“It’s an attack on the pro-life values of our state,” Paxton is quoted as saying in a press release. “I will not stand by while rogue cities use tax dollars to circumvent state law and take the innocent lives of unborn children.”
Mayor Ron Nirenberg and City Manager Erik Walsh are named as defendants in the suit, which was filed Friday in Bexar County.
City Council approved the controversial measure in a narrow 6-5 vote Thursday, with Nirenberg and five other council members in support. The vote boosts the city’s so-called “Reproductive Justice Fund,” created to help fill gaps in sexual and reproductive health, which nearly $500,000 had already been set aside for.
No money has been awarded for specific uses yet. The vote kick-started the process to review organizations’ requests for the money, which is expected to continue through the summer.
The lawsuit, which seeks an injunction, could stall that process.
Councilwoman Marina Alderete Gavito is one of five council members who voted against the measure.
“San Antonio is facing a budget deficit over the next several years,” she added during Thursday’s meeting. “Diverting this money away from current programs would be irresponsible, and it would be reckless to provide travel for abortions knowing full and well it would open up the city to litigation.”
Most abortions are illegal in Texas after the state passed a trigger law that went into effect with the overturning of Roe v. Wade in 2022. That law also allows any person to sue anyone who aids or abets an abortion.
City Attorney Andy Segovia, however, emphasized that nothing Thursday violated local, state or federal law. His office doubled down on Friday, saying the city “will evaluate (the lawsuit) to respond to the specific allegations.”
Paxton’s lawsuit specifically says City Council violated a Texas Constitution clause that mandates transfers of public money to private organizations must not be gratuitous and “brings a public benefit.” The lawsuit also claims the $100,000 allocation equates aiding or abetting an abortion, which is against Texas law.
“As such, using taxpayer dollars to fund out-of-state abortions serves to support and encourage acts that are unlawful in Texas,” the suit states. “Defendants are transparently attempting to undermine and subvert Texas law and public policy.”
This is a developing story. Check back with KENS5.com for updates.