City of San Antonio seeks dismissal of Reproductive Justice Fund lawsuit

san antonio – A lawsuit over the city of San Antonio’s controversial but still undefined reproductive justice fund went to court Thursday.

While the city’s lawyers are trying to have the case tossed out of court, the City Council is nearing the final stage of discussing how to spend the money it set aside more than six months ago.

Anti-abortion groups sued the city in October, shortly after the City Council established a new $500,000 fund. The city has not disclosed how the funds will be used, but groups such as the San Antonio Family Association (SAFA) say they are intended to help women obtain legal abortions outside the state by paying for their travel expenses. thinking.

“We think that eventually it will happen. Gradually, they are going to do it, yes,” the group’s chairman, Michael Knaffke, said Thursday. “I don’t know how they do it, how they do it, how they do it legally. But that’s exactly what our case is about. It’s about making sure that doesn’t happen.”

SAFA and Texas Right to Life, the lead plaintiffs in the case, told the court that the creation of the fund in the budget was invalid and that the fund was intended to “fund organizations that ‘procure’ medication abortions and aid.” It requires the government to declare that it cannot be used for any purpose. Aiding and abetting a self-administered abortion in Texas, aiding and abetting a medical abortion in Texas where a pregnant woman swallows one of two abortion pills, and expelling a fetus in Texas. ”

The city of San Antonio is seeking to dismiss the lawsuit because it has not yet determined what services and programs the reproductive justice fund will cover.

“The city can make any number of decisions about what to do with the reproductive justice fund. It could decide to spend money on prenatal care, maternal and child health services, education, postnatal care. Abortion care. is just one of many possibilities,” attorney Lauren Ditty argued during Thursday’s first hearing.

Judge Cynthia Chapa of the 228th Civil District Court did not issue any ruling at the hearing.

6 month wait

The U.S. Supreme Court’s decision to overturn Roe v. Wade in June 2022 paves the way for abortion to be regulated on a state-by-state basis. This process is illegal in Texas.

Abortion rights groups lobbied the city to create a Reproductive Justice Fund during the September budget.

City Council members included the fund when they passed the city’s $3.7 billion annual budget on Sept. 14, but did not set any guidelines for how the money would be used.

The money could fund services such as contraceptives and reproductive health education, but abortion rights advocates and some members of Congress have said it would reduce the number of women seeking legal abortions outside of Texas. He said it may be possible to cover travel expenses.

City Manager Eric Walsh originally said the City Council planned to discuss the terms of the fund sometime in the fall. More than half a year later, that discussion has yet to take place, but it appears to be turning a corner.

San Antonio Metropolitan Health District officials are scheduled to present recommendations for the use of the funds at the April 10 City Council meeting.

City Attorney Andy Segovia told KSAT that he believes the City Council has other priorities that it would like to focus on first, and that the City Council’s “B sessions,” which typically have in-depth discussions on one or two topics, He said it was difficult to make a schedule.

“I don’t think it has anything to do with the ongoing litigation,” Segovia said.

Segovia said Metro Health will issue a request for proposals after the April 10 meeting, taking into consideration what council members said during deliberations. However, the council will vote only after MetroHealth has selected potential recipients and approved the contract.

At that point, after the council votes, the city argues it would be reasonable to file a lawsuit. But Knafke said, “Everyone knows the city of San Antonio is playing a game.”

“They spend money, but they say, ‘It’s over.’ So there’s no case here,” he continued. “If they don’t spend the money and we catch them upfront, they say, ‘I haven’t spent it yet.'”

But Segovia said groups could seek an injunction immediately after the vote if they feel the city is using the funds in an illegal way.

“They can file a lawsuit in 10 minutes,” Segovia said.

The city attorney said “the legal landscape is in flux” regarding whether cities can legally fund out-of-state travel for abortion seekers. Once the City Council is ready to decide how to spend the $500,000, the city will decide whether to pass statutory muster, Segovia said.

“And I’m confident the City Council will follow the law,” Segovia said.