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Save Austin Now – the political action committee for the return of the homeless camping ban in Austin – says it has filed a lawsuit against the city, accusing them of not fully enforcing the ban.
The lawsuit, filed Wednesday in Travis County District Court, comes as city records show that Austin Police haven’t filed a single illegal camping charge since July 20, despite ongoing camps across the city. The final phase of a four-phase enforcement strategy went into effect on August 8th.
One of the warehouses is across from the Austin Police Department headquarters on Interstate 35 in downtown Austin.
More:Arrests are still a “last resort” in enforcing Austin homeless camping, police say
The filing of the lawsuit takes place one week before the start of a new state-wide camping ban approved by the state legislature.
Before filing the lawsuit, Austin interim police chief Joseph Chacon told the American-Statesman that his officers were instructed to voluntarily abide by the camping ban and not to issue quotes unless necessary.
Chacon said the only officers tasked with enforcing the ban are the 19 district officials in the department so the patrol officers respond to 911 calls and emergencies. District officials work Monday through Friday during the day, aligning their shifts with the opening hours of Downtown Austin Community Court, the facility that homeless people go to for services and resolution, and where they usually go when arrested. because she refused to clear a warehouse.
More:Why didn’t Austin have a better plan for sheltering the homeless than the camping ban goes into effect?
“The reports I’ve received say that we get mostly voluntary compliance and don’t have to resort to quoting writing very often,” said Chacon.
According to city records, 18 charges of illegal camping have been issued since mid-June. Another 17 summons were issued because of obstruction in the area of the municipal court. Two more were given for aggressive confrontation.
Save Austin Now’s lawsuit comes nearly four months after Austin voters agreed to reinstate the camping ban during the May 1 election. The votes were 58% for and 42% against, a stark reprimand for the Austin City Council decision in 2019 to lift the ban. The same vote made it illegal to sit or lie down in downtown and near the University of Texas campus, and also cut the hours panhandling is allowed.
More:More people moved to the hotel when Austin clears the downtown homeless camp
Four Austin business owners joined the lawsuit, alleging that the city had refused to enforce the new regulations. They are: Laura North of Headspace Salon and Co-op, Stuart Dupuy of Balance Dance Studios, Robert Mayfield, who owns three local Dairy Queen franchises, and Bob Woody, who owns the Buckshot Bar.
In Wednesday’s filing, Michael Lovins, an attorney who represents the business owners, said his clients had “incurred significant expenses to protect their property, their customers and their clients.”
The lawsuit seeks a Mandamus order urging the city and city manager Spencer Cronk to fully enforce the camping ban.
In response to the lawsuit, city officials are likely to point out the efforts that have been made since the ban was reinstated to get people off the streets and into shelters. Since mid-June, residents of three large camps have moved to hotels, and a fourth camp will also be able to do so in the coming weeks.
More:Final stage of Austin’s camping ban enforcement underway
This is a developing story. Look back for details.
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