AUSTIN, Texas — A decades-old hamburger restaurant, a Travis County commissioner and a former state senator are among the plaintiffs planning to sue the Austin City Council and the Austin Transit Partnership's (ATP) board of directors for moving forward with a new plan for Project Connect.
The group – which includes Dirty Martin's Place, former State Sen. Gonzalo Barrientos, Travis County Commissioner Margaret Gomez, former Austin City Councilmember Ora Houston and Susana Almanza – claim the plan the Austin City Council decided to move forward on earlier this year was not the plan that voters approved back in November 2020.
"The city and ATP are collecting and spending tax dollars approved by voters in 2020 for a dramatically different Project Connect than was recently approved by the City," said Bill Aleshire, the lead attorney on the lawsuit. "The law does not allow property tax revenue approved by voters for one project to then be used for an inferior replacement project. Nor can Austin just ignore statutory and constitutional restrictions on use of property taxes."
In 2020, Austin voters approved a tax increase to fund Project Connect, including two light rail lines, a transit tunnel, a commuter rail line, new Capital Metro bus routes and funds to address community displacement. The plan was estimated to cost $7.1 billion.
In June, the Austin City Council approved a resolution to adopt modifications to and implementation of Phase 1 of Project Connect. The ATP said that its recommended Phase 1 light rail investment consisted of almost 10 miles of new light rail across 15 stations, and the anticipated capital cost of the project was between $4.5 and $4.8 billion.
Aleshire said in a press release that the "replacement plan" the council approved in June is significantly different than the initial plan approved by voters.
"This plan has 10.4 less miles of light rail, no investment in the Green Line (6.8 mile commuter rail), no downtown transit tunnel, 11 less rail stations, 64% less projected ridership, 257% increase in cost per rider, no sequence plan or timeline for completion, and the inferior rail portion will cost taxpayers more," the press release stated.
During a news conference put together by the plaintiffs at Dirty Martin's on Wednesday, the argument fell over hiked property taxes, displacement of businesses where the transit line would run and how it simply does not coincide with voter approval.
The owner of Dirty Martin's said to make the light rail system happen, the restaurant would be bulldozed.
"I was told that the tracks would actually run right where this podium is," Mark Nemir said.
General Manager Daniel Young added that he voted for the plan in 2020 – as it was presented – but the changes made over the years derailed his original favor for Project Connect.
"They didn't tell us prior to the election the real destruction and the real displacement Project Connect was going to cause," Young said. "It seems like something Austin says and should have known before voting."
Former Texas Democratic State Sen. Gonzalo Barrientos said city leaders need to present a more realistic plan and timeline that everyone agrees on.
"Let the voters decide on exactly what the people here who live in Austin, Texas, are paying for," Barrientos said.
Former City Councilmember Ora Houston was also in attendance. She stated as an Austinite, she did not vote for the project because she "was concerned that the powers that be and Capital Metro would not deliver what was promised."
According to the initial press release, the lawsuit claims that the council and ATP don't have voter approval for the so-called replacement plan and, since they don't have that approval, the defendants aren't authorized to collect or spend property tax funds on the new plan.
Dirty Martin's Place has been pushing back on Project Connect for more than a year.
According to a petition started in March 2022, the restaurant has been "under threat of shutting down" due to plans for Project Connect. The petition currently has more than 23,000 signatures.
Austin Mayor Kirk Watson released the following statement on the lawsuit:
“The voters approved this ongoing multi-billion-dollar project that will bring much needed mobility infrastructure to the city of Austin,” said Mayor Kirk Watson. “As part of the approved proposal by voters, an independent entity – Austin Transit Partnership -- was established to spearhead implementation. We are disappointed to see the new lawsuit challenging Project Connect, but we will review all allegations carefully and take appropriate next steps.”
KVUE reached out to ATP on Wednesday and received the following statement:
“Austin Transit Partnership is implementing Austin Light Rail by diligently conducting the needed planning, design and federal processes. We have been working to define the needs of the project footprint and right of way, and our work includes closely evaluating the complex needs of the project while minimizing—and where possible avoiding—property impacts. This process is complex and takes time, but we expect to have updated information early in the new year. Our process also includes coordination and communication with adjacent property owners. We will continue to engage the community to include one-on-one outreach to support our goal of building a successful light rail system that benefits and serves our community.” – Lindsay Wood, Executive Vice President for Engineering and Construction