I am smacking my forehead so hard, you guys.
The City of San Antonio will seek an exemption from the State of Texas in order to keep the city’s rainbow crosswalk. The decision comes after the state issued a mandate to cities earlier this month to remove roadway markings that could be deemed political or ideological.
The issue was discussed during a monthly meeting of the city’s LGBTQ+ Advisory Commission Monday night. The city attorney’s office presented its case that TxDOT allows for exemptions in certain circumstances.
According to the stipulations included in the letter sent to cities on Oct. 8, the exemption can apply if there is a benefit to public safety.
“Exceptions may be granted only with written approval from TxDOT’s Traffic Safety Division, based on a demonstrated public safety benefit or compelling justification,” it said.
First Assistant City Attorney Liz Provencio told the city’s advisory commission that the exemption would be based on a reduction in the number of traffic incidents at the crosswalk since it was installed in 2018.
“We have data going back three years. That data indicated that there were two incidents that had occurred, and since the installation of the crosswalk, which will be going on … seven to eight years, in that entire time frame, we’ve had two (incidents) so there’s no indication that it’s made it any less safe,” she said in an interview with TPR.
The city has until November 8 to file the exemption. After that, it’s not clear when the state will review it and make a decision.
Members of the commission are appointed individually by the San Antonio City Council. Commission Chair Maria Salazar said instances like the directive from Governor Abbott are taking back the gains made by the community.
“We’re being attacked on a number of levels. And by ‘we,’ I mean the LGBTQ+ community,” she said. “This was a community effort to put this crosswalk, and it was very affirming. And so taking it out is a way of erasing us and erasing our history.”
She said she would welcome any attempt by the city to keep the crosswalk if the state rejects the exemption request.
“How does home rule or the historic district (affect this)? Does that provide any protection we have to get the city to think creatively and figure out, how we can challenge this directive from the governor?” she said.
San Antonio is the first Texas city to try to seek an exemption. The city of Houston removed its rainbow crosswalks on Monday.
See here, here, and here for the background. Now, I don’t expect this to succeed. TxDOT is fully controlled by Greg Abbott, and to whatever extent they have freedom of thought they’re still not going to cross Donald Trump and risk his wrath on the entire state. But this does accomplish three things.
One, it forces TxDOT to justify its decision. That presents the opportunity for them to say something dumb, because that’s a thing that frequently happens when you have to justify something ridiculous. Winning the longer term political fight is in part about making it clear to everyone who’s right and who’s wrong. Let them show how wrong this is.
Two, it gives San Antonio more time to evaluate its legal options, such as who would be the best plaintiff if a lawsuit is filed. Maybe a lawsuit isn’t the best way to go because an adverse ruling could have secondary effects that they don’t want. I don’t know what else they might want to consider, but having some extra time to game it out is a good thing. Which the city of Houston and Metro, by their cowardly and rash actions, refused to give themselves.
And three, it shows that they give a shit and won’t just take whatever outrageous demands these losers will make of them and bend the knee. Unlike Mayor Whitmire and Metro Chair Elizabeth Brock. If that isn’t clear now to everyone, I don’t know what else would make it clear.
UPDATE: Good point.
Harris County Judge Lina Hidalgo criticized Metro Monday for removing Montrose’s rainbow crosswalks — potentially unconstitutionally, she said — before officials could counter the state-ordered action.
Metro’s decision to restripe the crosswalks came earlier this month after Gov. Greg Abbott threatened to withhold road funding from any city or county with streets bearing “social, political or ideological messages.”
Hidalgo, in a video posted Monday, said Metro’s action “arguably is unconstitutional” without a vote from the agency’s board of directors backing the decision. She said the public deserves to know who at the local level ordered the crosswalks’ removal, why there was no board vote and what alternatives were available.
Representatives with Metro and Abbott’s office did not immediately return a request for comment.
“I don’t think it’s right to sacrifice the principles of free expression, art, democracy just because they might be upset,” Hidalgo said, referring to the state government. “I mean let’s at least try.”
[…]
Hidalgo suggested she’s more open [than Mayor Whitmire] to the idea of a legal battle.
“We know that it’s a hard battle in the courts … but that doesn’t mean it’s not worth fighting,” she said.
She stopped short of committing to an upcoming legal fight, instead looking back at a missed opportunity to evade the state’s directive. The Texas Department of Transportation gave agencies 30 days to comply with the roadway marking standards, and that timeframe has yet to expire.
Hidalgo said the full 30-day window could have enabled legal action or a request for an exemption. Metro cited the 30-day timeframe when the Chronicle requested a timeline for the rainbow crosswalks’ removal Sunday. Fewer than 24 hours later, the crosswalks were gone.
Maybe the first lawsuit should be filed against Metro. And there was a 30-day deadline to comply with this ridiculous demand?!? We didn’t even need to ask for a review? Jesus H. Christ.