Lawsuit halts $170,000 rainbow sidewalk project amid funding controversy

Another twist in the controversy over sidewalks and crosswalks in the Pride Cultural Heritage District. Pride San Antonio and the Texas Conservative Liberty Forum have filed a joint lawsuit against city over the matter.

The lawsuit has put a pause on the rainbow sidewalk after the city learned of the lawsuit.

Attorney Justin Nichols is representing Pride San Antonio and the Texas Conservative Liberty Forum. He says the basis of the lawsuit stems from the city’s decision to use public money to remove the crosswalks and fund the rainbow sidewalks without holding a public meeting.

“Both of these organizations want city council to make this decision,” Nichols said. “They want the opportunity to make their case, even though they may be on opposite sides later. Pride San Antonio wants to keep the crosswalk. Absolutely TCLF wants to avoid spending public dollars on the sidewalk.”

The $170,000 price tag of the rainbow sidewalk will be coming out of Public Works funding.

The issue over the rainbow art stems from Governor Greg Abbott’s order to remove all political ideologies from Texas streets or face state and federal funding cuts.

The city council is split. District 9 councilwoman Misty Spears and District 10 councilman Marc Whyte say they do not support public funding being used to fund the rainbow art.

In a joint press release, Whyte and Spears expressed disapproval of the expenditure, stating that Public Works money is intended for long-standing infrastructure requirements. Whyte noted that the city continues to face "significant challenges" related to street conditions, drainage, and sidewalk repairs.

"When taxpayer dollars are involved, our focus should be on addressing these essential infrastructure needs that directly impact public safety and our residents' day-to-day quality of life," Whyte said.

He added that while private entities have the right to use their own money to make statements, using public dollars for rainbow sidewalks is "not in the best interest of our citizens."

Councilmember Spears framed the issue as one of both fiscal responsibility and roadway safety. She stated that the state of Texas’s previous decision to eliminate rainbow crosswalks was an "important roadway safety decision" and was not intended to target the LGBTQ+ community.

"Tax dollars should not fund individual viewpoints," Spears said, emphasizing that her position is centered on the "proper use of public money."

Councilman Jalen McKee-Rodriguez of District 2 issued a scathing rebuttal, accusing Whyte and Spears of reinforcing "bigotry and hate." He argued that their opposition serves to "stand idly by" while the state government repeatedly "attacks the LGBTQ+ community."

According to McKee-Rodriguez, the city "flipped the script" by moving the rainbow displays from crosswalks to sidewalks to comply with state regulations while maintaining visible support for the community. He also dismissed the fiscal arguments as "hypocritical," claiming that the city previously spent tens of thousands of dollars replacing a perfectly safe intersection that had been privately maintained.

McKee-Rodriguez says taxpayers wouldn’t be paying anything if the governor hadn’t forced the city to rip up and replace a perfectly good intersection.

"Councilmembers Spears and Whyte can direct their concerns to Abbott’s office, if they are so concerned," he stated.

"I have put a pause on the painting of the sidewalks until we have the opportunity to brief the council in an executive session and to continue working with the LGBTQ+ advisory board and the community on implementation," explained city manager Erik Walsh.

Despite the pause on new projects and the pending litigation, the city intends to proceed with its original schedule to remove the painted crosswalks.

Nichols says the lawsuit could be resolved Friday if the city does one thing.

“All they have to do is put it on the council agenda within 72 hours and this lawsuit will go away,” Nichols said.

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