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Judge hears evidence in TURF lawsuit against City of San Antonio
Written by Terri Hall   
Tuesday, 06 January 2009
IMMEDIATE RELEASE

Judge hears evidence in TURF lawsuit against City of San Antonio

City denied TURF permits to hang banners
above roadways
 
San Antonio, TX, January 6, 2009  – Monday, United States District Judge Xavier Rodriguez heard TURF’s motion for a temporary restraining order and motion for a preliminary injunction against the City of San Antonio for denying TURF permits to hang two banners in the public right of way, which TURF believes is a blatant violation of the First Amendment of the U.S. Constitution.

After hearing more than 3 hours of evidence and testimony, Judge Rodriguez did not rule but said he intends to rule by the end of this week. Rodriguez repeatedly and openly struggled with the fact that the City at one point approved the banners only to later deny them with no legal basis other than the arbitrary interpretation of City employees. He also stated he’s wrestling with the City’s discrimination based on viewpoint and other key legal arguments noted by TURF attorney David Van Os.

One City employee, Arturo Elizondo, who initially granted permission for the banners only to later deny them, contradicted the testimony of his supervisor, David Simpson, which, by his own admission, baffled the Judge. The explanation for their denial changed stories several times and morphed into what amounts to legislating on the fly in order divine some excuse to deny approval of the banners.

 
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TURF sues City of San Antonio over free speech
Written by Terri Hall   
Friday, 02 January 2009
PRESS ADVISORY

TURF sues City of

San Antonio for infringing on Free Speech

City denied TURF permits to hang banners
above roadways

San Antonio, TX  – On Monday, January 5 at 2:30 PM, United States District Judge Xavier Rodriguez will hear TURF’s motion for a temporary restraining order and motion for a preliminary injunction against the City of San Antonio for denying TURF permits to hang two banners in the public right of way, which TURF believes is a blatant violation of the First Amendment of the U.S. Constitution..

Through TURF’s efforts to inform the public about the gas tax original plan for 281 and the recall of pro-toll, flip-flopper District 8 Councilwoman Diane Cibrian, it applied for permits from the City of San Antonio to place banners above the roadways at key locations. TURF was originally granted permission only to have that permission later rescinded once the higher-ups at the City caught wind of TURF’s banner messages: one directing people to the www.281OverpassesNow.com web site and the other to the www.RecallDiane.com web site. One of the banners had already been made at a cost of nearly $700!

WHO: The concerned citizens of TURF

WHAT: Hearing for a temporary restraining order and preliminary injunction against the City of San Antonio for violation of citizens’ Free Speech

WHERE/WHEN: Judge Xavier Rodriguez’ courtroom on Monday, January 5 at 2:30 PM in Courtroom 3 on the first floor of the John Wood United States Courthouse at 655 E. Durango Blvd.

“Clearly, the City of San Antonio has no respect for Free Speech nor fair treatment of ALL groups, regardless of their make-up or message. The City denied our banners simply because it disagrees with the message of toll opponents. We the people own the public right of way, and the First Amendment protects the citizens from government gag orders on speech. We hope the court will right this wrong and allow our banners to be hung,” states TURF Founder, Terri Hall.

The City claims the speech/message of the banners is “controversial” and therefore the legal basis for its denial; however, the statute gives the City no such authority to deny permits based on content, which violates of the citizens’ First Amendment rights in the U.S. Constitution.

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Transportation agencies may merge, allowing vote on toll roads
Written by Terri Hall   
Wednesday, 31 December 2008
Link to article here.

Voters may get say on toll roads
By Pat Driscoll
Express-News
December 20, 2008

Talks are gaining steam to abolish San Antonio's fledging toll-road agency and give voters a long-demanded say-so on toll roads.

 

Shuttering the five-year-old Alamo Regional Mobility Authority, which still is several years away from opening a toll road, would be a byproduct of a still-sketchy idea to merge the agency and VIA Metropolitan Transit into the existing Advanced Transportation District.

Voters approved the ATD and its quarter-cent sales tax in 2004 to expand bus service, upgrade city streets and build highway lanes. The district, which follows the city's boundary, also can construct and operate toll roads and light rail.

Amid the bureaucratic wrangling lies a catch. Promises made during the ATD referendum forbid spending on tolls or rail without additional public votes.

“That was a valid pledge,” insists attorney Tim Tuggey, a former VIA and ATD chairman now advising the toll agency.

Giving the public a vote on toll roads is the right thing to do anyway, say a bevy of toll supporters now advocating the consolidation of the agencies.

“After all these years, I've just come to the point, if they want it, fine, if they don't, fine,” County Judge Nelson Wolff said. “I believe people ought to get what they ask for.”

Toll critics aren't sure whether to smile or frown.

The result could be ugly if funding isn't tied to specific projects and limited to a time frame, said Terri Hall of Texans Uniting for Reform and Freedom.

“Yes, we want the public vote,” she said. “But I don't want a public vote to be a sweetener to a really bad deal before opening the door to a big Pandora's box.”

Sales tax revenues traditionally used for transit could end up subsidizing toll roads, Hall said. Or tollway profits could shift to another side of town to help pay for a light-rail line.

Tuggey, who's writing possible legislation to create the superagency, maintains voters would have to sign off on mixing different piles of money.

“This is not an end run to get toll roads,” he said.

The merger idea bubbled into the public spotlight this week after germinating a month ago in behind-the-scene talks among members of a city-county task force. The group is drawing up regional transportation goals.

Piecemeal authority of too many agencies has hobbled planning and financing the city's roads and transit, officials argue. Also, speaking with one voice could help tap transportation funds that soon could flow more freely from Washington.


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Our Mission...

Defending citizens’ concerns about Toll Roads & the Trans Texas Corridor

What is TURF?

Newsflash

Founder, Terri Hall, named San Antonian of the Year!

Link to article here.

WOW! This honor goes to the PEOPLE of Texas and the tireless, indefatigable efforts of thousands of grassroots volunteers and supporters who have truly changed the face of Texas politics. Our Founders fought and died to assure in the U.S. Constitution that the power belongs to the PEOPLE, not special interests or even government. May 2008 be the year the PEOPLE determine the course of transportation in our City, State, and country!


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