U.S. Magistrate Judge Renee Harris Toliver in a recommendation against a proposed preliminary injunction said she sided with the city on several points,...
where Toliver heard arguments from attorneys representing both sides on whether the preliminary injunction should be approved or not.A city spokeswoman declined to immediately comment on the recommendation Tuesday, citing the ongoing litigation.Travis Fife, a legal fellow with Austin-based nonprofit the Texas Civil Rights Project, said they were disappointed with Toliver’s recommendation and considering their next steps in the case. His group is one of three representing the plaintiffs.
The four plaintiffs suing the city are a military veteran experiencing homelessness in Dallas, a University of Texas at Arlington professor, a local activist and a second veteran who has experienced homelessness for several years but lives in a home subsidized by the Veterans Administration in Dallas.
All of them say they either regularly solicit donations from drivers, give donations or engage in political speech from medians and fear being targeted by the Dallas law.Attorneys representing the group have pointed to the city saying there is little available data showing how often people are hit by cars while standing or stepping off medians as a reason to discredit their traffic safety claim.
Toliver in her recommendation notes that while the plaintiffs have legitimate concerns of being impacted by the median ban, she felt the evidence presented that “the ordinance actually was enacted for an improper purpose is thin at best.”, which aims to prevent all traffic deaths and heavily reduce severe road-related injuries by 2030, and was a proactive way to address public safety.
“In context, the ordinance logically followed from that goal since ensuring pedestrian safety necessarily entails restricting pedestrian access to areas deemed to be unsafe,” Toliver wrote. “The fact that the data the city relies on was perhaps not as specific as plaintiffs would have liked does not lead to a different result.”
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