AUSTIN (KXAN) — City of Austin officials will move forward with providing financial help to women accessing out-of-state abortion care, according to Council Member Vanessa Fuentes.
This comes as the city faces a legal battle over that Reproductive Justice Fund. The city received a lawsuit over the fund, which allocates $400,000 to support Austinites traveling to access abortion care. The money can be used for things like travel, lodging, childcare stipends and food.
Former Austin City Council Member Don Zimmerman filed the lawsuit that asks for a temporary injunction.
The city of Austin previously sent a statement to KXAN in response to the litigation.
“The City is aware of Mr. Zimmerman’s amended lawsuit in response to the recent budget allocation for logistical support services. We have successfully litigated this issue in the past and will respond to the recent allegations through the appropriate court channels.”
Meghan Riley, City of Austin Litigation Division Chief
Not long after that, city council passed a resolution declaring that reproductive rights are human rights.
“To show our solidarity, to show our commitment, to express solidarity in reproductive freedoms.”
Vanessa Fuentes, Austin City Council Member
Fuentes said despite the lawsuit, the city plans to move forward with the fund for abortion access.
“We, our city legal team, feels strong in our position, and so we will continue advancing reproductive health care,” Fuentes said.
Fuentes said in the spring, the city will start looking for a nonprofit to partner with to help provide support services for the fund.
Along with this effort, Fuentes said they also expanded access to fertility treatment for city workers.
“We are fully invested and interested in ensuring that women have the broad spectrum of reproductive health care available as a fundamental right,” Fuentes said.
Similar lawsuit in San Antonio
Fuentes mentioned how the city of San Antonio established a Reproductive Justice Fund of its own in 2023, which also faced a lawsuit. However, a judge dismissed that one.
“My understanding is that in that lawsuit, there was a ripeness issue, which means that basically it wasn’t the right time to sue. I’m not sure whether the same defense would necessarily apply here,” said University of Houston Assistant Professor of Law Laura Portuondo.
While a decision on the Austin lawsuit still needs to play out in court, Portuondo said these suits are becoming more of a pattern.
“We need to remember that just because a lawsuit is filed doesn’t necessarily mean that the legal claims are going to succeed,” Portuondo said.