The City of Austin will be allowed to move forward with plans to implement its Reproductive Justice Fund, despite a lawsuit challenging its legality, city officials said.
The Reproductive Justice Fund is a provision in the city’s 2024-25 budget that is meant to provide money to people seeking out-of-state abortions due to the medical procedure being banned in Texas. The council approved $400,000 for the fund earlier this month. The money can be used for airfare, gas, hotel stays and food.
But last week, former City Council Member Don Zimmerman filed a lawsuit arguing it is against state law to “spend taxpayer dollars on abortion-assistance activities."
“Any use of taxpayer money inside Texas to procure a drug-induced abortion violates [state law], even if the abortion is being procured outside the state,” the lawsuit states.
The lawsuit goes on to argue that it is illegal to knowingly use taxpayer dollars to help people seeking these procedures and that the city cannot enact rules inconsistent with state law.
The lawsuit names Mayor Kirk Watson and City Manager T.C. Broadnax and the City of Austin as defendants.
Council Member Vanessa Fuentes led the effort to establish the fund and called it a "vital resource."
"Access to the full range of reproductive health care should be a fundamental right,” Fuentes told KUT last week.
On Thursday, the council voted 10-1 to adopt a resolution declaring reproductive rights as human rights.
Fuentes, who authored the resolution, said the move was a necessary step in the fight to protect abortion access and bodily autonomy.
“Reproductive care should never ever be criminalized,” she said. “And no one should be forced to leave their communities, and those they love, to find access to essential health care services.”
The councilwoman said the vote sends a clear message that the city is committed to safeguarding reproductive healthcare.
“Austin will continue to defend the rights of our residents and ensure that every person has the freedom to make decisions about their own body without fear,” she said.
The vote was widely supported among city leaders and local residents.
“As local leaders, our number one duty and responsibility will always be to protect our constituents, and we are 100% committed to doing everything in our power to protect their dignity, their autonomy, and their health," Council Member José Velásquez said in a statement following the resolution's adoption.
Lucie Arvallo, executive director of Austin-based nonprofit Jane’s Due Process, said since the overturn of Roe v. Wade the group has helped over 200 people travel out of state for abortion care. She applauded the city for taking a stance and said she hopes other Texas cities will follow suit.
“No one should be denied the human right to build their families when and how they see fit simply because of where they live or lack of resources,” Arvallo said.
Fuentes said city attorneys confirmed the city could continue to move forward with its efforts. She anticipates starting the search for a partner nonprofit in the spring.
