Conservative Ex-Council Member Sues Austin Over Abortion Funding

A conservative former Austin City Council member, Don Zimmerman, is suing the city of Austin again over its use of public funds to assist residents seeking abortions out of state. Texas has banned abortions except in life-threatening cases.

Last week, the Austin City Council approved a one-time expense of $400,000 in its latest budget to expand the city's "reproductive health grant" for logistical support, such as lodging and travel, for those seeking out-of-state abortions.

Zimmerman filed an amended petition in Travis County's 98th District Court on Tuesday, asking a judge to decide if the city is violating state abortion law and the state Constitution's gift clause by spending public dollars on this support. The petition names the city of Austin, Mayor Kirk Watson, and City Manager T.C. Broadnax as defendants. Zimmerman seeks temporary and permanent orders to block the city from using these funds and to recoup previously spent funds.

The city declined to comment on the lawsuit. Zimmerman said he would comment later.

In 2019, Zimmerman first sued the city for allocating $150,000 for similar support in its 2020 budget after the state banned local governments from funding abortion services. A Travis County judge ruled against Zimmerman, and an appeals court affirmed the decision. In 2021, the Texas Supreme Court vacated all previous rulings after Roe v. Wade was overturned, triggering a Texas abortion ban, and sent the case back to trial court for reconsideration.

"In more recent years, the City’s Reproductive Health Grant funding was significantly constrained... Austinites seeking abortion care in other states need support from the City," the original 2024 budget amendment proposal document stated.

"Efforts to obstruct reproductive freedom in Texas are nothing new or surprising," said Council Member Vanessa Fuentes, who proposed the budget amendment. "I remain fully committed to defending our reproductive rights... our resolve remains unchanged.”