Texas AG sues Austin over funds for out-of-state abortion care

AUSTIN (KXAN) — Texas Attorney General Ken Paxton filed a lawsuit against the city of Austin over the city's budgetary allocation to support out-of-state abortion services, Paxton's office announced in a Friday release.

Austin City Council Member Vanessa Fuentes said earlier this month the city of Austin was moving forward with the Reproductive Health Grant, a $400,000 allocation included in the city's fiscal year 2024-25 budget to support Austinites seeking abortion care outside of Texas. Those dollars are available to cover expenses such as travel, lodging, childcare stipends and food.

In Paxton's lawsuit, the attorney general said his office is seeking a temporary restraining order to put a pause on the use of the funding while the litigation proceeds forward. The suit also requested the court provide temporary and permanent injunctions mandating Austin cannot spend taxpayer money on "logistical support" for abortion care.

“No city in Texas has the authority to spend taxpayer money in this manner. In this case, the City of Austin is illegally seeking to use public funding to support travel expenses for out-of-state abortions,” Paxton said in the release. “The Texas Constitution prohibits governmental entities from doing so.”

A city spokesperson confirmed officials are aware of the lawsuit, adding Austin's legal team is prepared to handle the lawsuit proceedings in court.

"The City is aware of the lawsuit filed by the State of Texas in response to last month’s budget allocation for logistical support services," the emailed statement read. "We have successfully litigated this issue in the past and, similar to another lawsuit that raises this issue,  will respond to the recent allegations through the appropriate court channels."

Paxton isn't the first to sue the city over this issue. In late August, former Austin City Council Member Don Zimmerman filed a lawsuit against the city over the same funding, arguing it was against state law for the city to spend taxpayer dollars on "abortion-assistance activities," even if the funds are being used outside the state where abortion services are legal.

The latest suit from Paxton drew plenty of pushback from some city officials Friday. In a social media post, Fuentes criticized Paxton for "suppressing communities for promoting healthcare."

"Reproductive care is essential healthcare, and these actions only further undermine local efforts to uphold bodily freedom," Fuentes wrote. "It's disappointing, but not surprising."

Austin City Council Member Paige Ellis shared similar sentiments online, posting on social media Friday: "Reproductive rights are human rights — the women of Austin deserve to make their own healthcare decisions!" Her team also noted Ellis is currently in Tempe, Arizona at a Democrats summit discussing with fellow municipal officials how to protect reproductive rights at the local level.

Austin Mayor Kirk Watson shared his backing of the city's funding allocations, slamming Paxton's suit as "exploiting the great power of his office to attack and undermine" reproductive rights.

"I’m proud the Austin City Council is supporting Austin women as they make their own decisions about their body, their family, their health, their happiness, and their quality of life," Watson's statement read in part. "I stood up and fought for reproductive rights throughout my time in office, including in the Texas Senate, and I will not back down in City Hall."