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Starbase lockdown: SpaceX city blocks public roads, raising legal questions

City commissioners approved four gates cutting off public access to most of the town, which residents recently voted to incorporate. The move raises legal questions about blocking public roads.

Published June 25, 2025 at 3:38pm

The new city of Starbase is moving fast to cut off public access to most of the SpaceX company town in South Texas.

Citing safety and security issues, city officials approved four gates to limit public access to the community’s residential areas. At least three are already in place, raising questions about the legality of blocking public roads and the private space company's long-term plans.

While the barriers don’t impact the public’s access to nearby Boca Chica Beach, some property owners and residents are decrying the move as another step in Elon Musk’s creeping takeover of the area.

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The gates’ installation comes after the Legislature's approval early this month of an act giving Starbase's leaders, each of whom are affiliated with SpaceX, authority to shut down Texas 4 and Boca Chica Beach during weekdays for Starship launches and testing. Cameron County leaders previously held that authority, and opposed the move. Lawmakers acted despite local officials’ objections and those of activists concerned about losing access to the public beach.

Starbase commissioners approved the gates Monday. They also approved a controversial zoning ordinance, annexed about 174 acres of SpaceX-owned land, discussed plans for a sewage system and considered the city’s budget.

Concerns downplayed

Starbase officials downplayed concerns about public access.

The gates are "basically to regulate the constant flow of visitors that are just coming through here, wanting to look at the community," said Kent Myers, Starbase city manager. Since the company began developing and launching its Starship mega-rocket from Starbase, crowds have flocked to the space city rapidly rising from the flats about 20 miles east of Brownsville.

Myers said the city would provide access codes for the gates to residents and their guests, first responders and delivery drivers.

Commissioner Jordan Buss, who is also SpaceX’s senior director of environmental, health and safety, said he and other Starbase residents "have experienced more than our fair share of events with folks who aren’t necessarily here for the right reasons."

He cited a potential altercation on Memes Street between residents and somebody who was there "for malicious reasons."

Since 2021, the Cameron County Sheriff has arrested at least 20 people and issued dozens of criminal trespass warnings around SpaceX-owned land in the area, according to records obtained by the San Antonio Express-News. The area has also had two reported bomb threats.

SpaceX’s applications for the gates at Esperson Street, LBJ Boulevard, Memes Street and St. Jude Street said the devices would enhance "security and safety," foster "a stronger sense of community" and reduce "risk of unwanted visitors."

Legal questions

ValleyCentral.com reported several people at the meeting questioned the legality of gates blocking public roads.

"If a road is public, you cannot block access to it," said Diego Luna, a Brownsville resident and Starbase property owner, quoted by ValleyCentral.com.

Cameron County District Attorney Luis V. Saenz agreed. He pointed to Section 42 of the Texas Penal Code, titled "Obstructing highway or other passageway," which classifies obstructions of public roads as a misdemeanor.

"I’m not giving you legal advice, but my knee-jerk reaction is: No, you can’t do that," Saenz said. "Brownsville can’t say: OK, you can’t come in here unless you’re from Brownsville — unless you got business here. If it’s a public road, it’s a public road. Period."

The commission also passed a new zoning ordinance that's raised fears the city next would move to take land from the property owners unaffiliated with SpaceX. It will divide city land into three categories — heavy industrial, mixed use and open space.

Last month the city notified the owners and occupants of 10 non-SpaceX-owned lots they might "lose the right to continue using" their property.

Andy Messer, Starbase city attorney, said that eminent domain is not part of the zoning plan, according to KRGV.com.

Some residents questioned the plan at the meeting, and the city has received at least eight letters from concerned landowners, including one from Jim and Nancy Crawford, who own a home on Memes Street.

"I would have expected a more detailed professional map given the scope of work being done," Nancy Crawford wrote. "Even though we are retirees, my 40 years of experience as the Register of Deeds for Osceola County, Michigan tells me that SpaceX could have done better mapping. We expected better."