Save Austin Now sues the city for not handing out citations to those violating Proposition B

Austin, Texas – Save Austin Now, the political action committee that petitioned for Proposition B to be added to the ballot in November 2020, is suing the city over lack of enforcement for those in violation of the law.

Austin police officers monitor the clean-up process at a homeless encampment around City Hall in Austin, Texas, on June 14, 2021.
Austin police officers monitor the clean-up process at a homeless encampment around City Hall in Austin, Texas, on June 14, 2021.  © IMAGO / ZUMA Wire

On Wednesday morning, leaders of Save Austin Now filed a lawsuit in Travis County against the city over the lack of enforcement for Proposition B.

In November, Austin residents voted in favor of a public camping ban, pushing the homeless out of downtown Austin and away from the homes they've created under various highways and green spaces around the city.

In a Facebook Live, two co-founders of Save Austin Now, Matt Mackowiak and Cleo Petricek, held a press conference after filing the lawsuit, saying how they "absolutely" do not blame the police for the lack of citations, but rather Mayor Steve Adler and the Austin City Council for "not enforcing the law."

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According to Mackowiak, APD officers have not handed out any citations for violating the public camping ban, but there is vital information missing from his claims.

Interim Austin Police Chief Joseph Chacon told the Austin American Statesman that the lack of citations handed out does not mean the Austin Police Department isn't enforcing Proposition B.

Rather than immediately issuing citations, Chacon advised offers to strive for compliance first.

"The reports I have been receiving are we are largely getting voluntary compliance and not having to resort very often at all to writing citations." Chacon said.

A continued issue without a solution from either side

A woman waits outside a tent while city workers cleaned out a homeless protest camp on the north side of City Hall in Austin, Texas, on June 14, 2021.
A woman waits outside a tent while city workers cleaned out a homeless protest camp on the north side of City Hall in Austin, Texas, on June 14, 2021.  © IMAGO / ZUMA Wire

Still adamant that the city isn't doing enough, Mackowiak said, "From our first press conference in February 2020, I have been raising the issue of noncompliance. The city has no plan for the noncompliant."

In a recent press conference, Mayor Steve Adler noted that the city didn't have a plan for the noncompliant, though part of Proposition B was that those who chose not to comply would be ticketed or arrested if they had multiple citations for public camping.

According to Chacon, local law enforcement has not issued citations for the simple reason that those they've addressed were compliant with the officers' requests.

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Another key factor to note is while Mackowiak and other members of Save Austin Now have been ragging on local government for not having a plan for the noncompliant, they have yet to present a plan of any caliber themselves.

Following the news that the PAC had filed its lawsuit in Travis County, City Council Member Gregorio Casar issued a statement, saying, "In August alone, the City Council is voting to open up 200 more homes for people sleeping on the streets."

He continued, "The local Republican Party, on the other hand, has spent their time opposing housing and services for the homeless. They’re not working on getting anyone housed, all they care about is getting people arrested."

Both Mackowiak and Petricek emphasized that they would work with any city council member who shares their vision of creating what they believe to be a safer Austin.

Cover photo: IMAGO / ZUMA Wire

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