The lawsuit, filed on behalf of Pride SA and the Texas Conservative Liberty Forum, claims $170,000 set aside for the effort amounts to an “unlawful expenditure.”
SAN ANTONIO — The City of San Antonio’s plans to install rainbow sidewalks in the Pride Cultural Heritage District are on pause amid a newly filed lawsuit claiming the city should have publicly voted to allocate tens of thousands of dollars for the effort, as well as for the removal of nearby rainbow crosswalks.
The lawsuit – filed Thursday afternoon in Bexar County district court as the result of an unexpected partnership between the Texas Conservative Liberty Forum and Pride San Antonio – names San Antonio Public Works Director Art Reinhardt, City Manager Erik Walsh and the City of San Antonio as defendants.
It alleges the allocation of $170,000 in Public Works dollars for the two projects amounts to an “unlawful expenditure of unappropriated public funds,” arguing using that money for the twin projects “does not fall within the scope” of Public Works Department priorities as outlined in the city charter.
“The city is depriving plaintiffs and citizens of the (City of San Antonio) of the right to have these efforts deliberated in a public forum, have their elected representatives take a public vote on same, and hold them accountable (or at least know where they stand),” the lawsuit states. “Instead, the city has hatched a cockamamie plan to summarily circumvent the entire legislative process and unilaterally expend large sums of taxpayer’s money.”
Walsh had warned council members and the mayor about the impending lawsuit in a Thursday afternoon memo obtained by KENS 5. He also pointed to concerns from some council members about the sidewalks project.
“Consequently, I have put a pause on the painting of the sidewalks until we have the opportunity to brief the council in an executive session and to continue working with the LGBTQ+ Advisory Board and the community on implementation,” Walsh wrote.
He added that the city will continue with its plans to remove the crosswalks by the end of next week—potentially leaving the area entirely free of the rainbow symbolism that members of the LGBTQ community have worked to keep visible.
The lawsuit is seeing for a judge to issue a temporary retraining order on painting the rainbow sidewalks, removing the rainbow crosswalks and “using any public funds to accomplish either of the foregoing purposes.”
Plans on hold
Crews with Public Works were seen cleaning and preparing the sidewalks earlier this week for the colorful designs; they were to encompass four blocks of North Main between Park Avenue and Laurel Street in the Pride Cultural Heritage District. The LGBTQ+ Advisory Board played a role in working with the city to come up with the sidewalks alternative.
The rainbow crosswalks at North Main and Evergreen have been in place since 2018. Their impending removal stems from a directive Gov. Greg Abbott issued in October ordering Texas cities to remove political or ideological markings from roads, framing it as an effort to boost roadway safety.
Pride SA James Poindexter – specifically named as a plaintiff representing the organization in the lawsuit – told KENS 5 earlier this week he believed the city could have done more to protect the rainbow crosswalk designs. The city filed for an exemption from the order in the fall, but the state rejected it.
“The city said (to Pride SA) that if they were to stand up, that they don’t know how far they would get in the court system, so it’s easier just to let it go,” said James Poindexter, secretary for Pride SA. “Facing this situation, we just want our city leaders to stand up for us.”
As for why there was no public City Council discussion on the matter before this point, Walsh had said in a Monday memo it’s because the sidewalks project was being overseen by “contractors previously approved by the City Council.”
The lawsuit states $170,000 “is no small sum” and argues the public should know what projects “are being cancelled or postponed because of the planned expenditures.” It’s unknown how much of the $170,000 is for crosswalk removal and how much was to be used for painting the sidewalks.
City Attorney Andy Segovia said in a statement that his office believed the “suit is without merit.”
Hashing it out online
Absent the opportunity to hash out the matter in a public meeting, council members have taken to social media. Misty Spears, the council representative for District 9, and Marc Whyte, council representative for District 10, said in a joint release posted to social media that they disapproved of the $170,00 allocation, saying the funds are “intended to address longstanding, critical infrastructure needs throughout the city.”
Jalen McKee-Rodriguez, the council representative for District 2, issued a direct response of his own online, accusing his two council colleagues of choosing “to stand idly by while the state – time and time again – attack the LGBTQ+ community.”
The LGBTQ+ Advisory Board said in a statement it was “dissapointed” about the development.
“It is disheartening to learn that a SA Pride, host of San Antonio’s Pride Parade, has partnered with a radical right-wing group with a known record of opposing gender affirming care, same sex marriage, and discrimination protections for the LGBTQ+ community,” the statement goes on to read.