SAN ANTONIO — Eight organizations, most of them based in San Antonio, have filed a lawsuit against the city over a controversial $500,000 line item in its recently approved budget intended to support nonprofits providing reproductive care.
The so-called Reproductive Justice Fund was established in September as city leaders were putting the final touches on next year's $3.7 billion operating budget. One City Council member, Marc Whyte, cited the fund when he voted against the budget on Sept. 14, while Councilman Jalen McKee-Rodriguez said it was his hope the money would be used to cover travel expenses for out-of-state abortions amid Texas' crackdown on the procedures.
The new lawsuit, filed on Tuesday by the San Antonio Family Association (SAFA), Texas Right to Life and other groups, alleges San Antonio is breaking the law by engaging "in conduct in Texas that 'procures' a drug-induced abortion, even when the abortion is performed out of state." It's believed to be the first lawsuit targeting San Antonio over the Reproductive Justice Fund.
"The women and families of San Antonio who are facing a crisis pregnancy, and local taxpayers trying to make end's meet, to not deserve to be victims of city officials," SAFA board member Patrick Von Dohlen said in a statement.
The president of Texas Right to Life, John Seago said the fund will give money to criminal organizations.
“Those organizations are on record as breaking Texas law and so there’s no way San Antonio can partner with them for any good," Seago said.
Interim Executive Director of the organizations cited in the lawsuit, Jane's Due Process, Jaymie Cobb said they were anticipating using the money from the city to help fund travel for teenage girls seeking an abortion out of the state.
"We're ready to fight, we're not going to stop fighting," Cobb said.
In February, a federal judge ruled Texas abortion funds who pay for travel and procedures out of state were likely safe from criminal prosecution.
However, Seago said he hopes a judge determines the actions of organization's like Jane's Due Process are illegal.
“We’re asking this judge to go ahead and look at that and see that these activities from these organizations are actually illegal," Seago said.
District 10 councilman Marc Whyte called the lawsuit predictable. He was the only councilmember to abstain from voting on the city's annual budget after opposing the fund. He told KENS 5, that city government has no place in funding access to abortions.
City officials responded by calling it "unfortunate" that taxpayer money will be used to fight the lawsuit.
"The facts are that a decision has not been made on how that money will be used," City Attorney Andy Segovia said in a statement. "The City Council will have an open work session to discuss the use of the funds that will be managed by the city's Metro Health Department. The funds will be distributed in accordance with state and federal laws."
>Read the full complaint below:
Texans for Fiscal Responsibility, Bexar County Republicans, the Allied Women's Center of San Antonio, San Antonio Coalition for Life and United San Antonio are listed as co-plaintiffs in the lawsuit, along with 28 individuals. Mayor Ron Nirenberg and City Manager Erik Walsh are listed as codefendants.
The suit seeks an injunction blocking the city from providing money to abortion rights groups including Jane's Due Process and the Buckle Bunnies Fund, as well as compensatory damages and a declaration that the Reproductive Justice Fund violates state law.
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