Dallas Taxpayers File Lawsuit Against City Ordinances

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Dallas Taxpayers Challenge Local Ordinances

News Summary

The Texas Public Policy Foundation has filed a significant lawsuit on behalf of three Dallas taxpayers, challenging over 130 city ordinances as violations of the ‘Death Star Bill.’ The plaintiffs argue that these regulations waste taxpayer funds and demand either their repeal or amendment to comply with new state laws. This legal action follows a Texas appeals court upholding House Bill 2127, which limits local governance on specific matters. The outcome could reshape the relationship between Texas municipalities and state law, prompting discussions on local control and regulation.

Dallas – A lawsuit has been filed by the Texas Public Policy Foundation (TPPF) on behalf of three Dallas taxpayers, claiming that more than 130 city ordinances violate the 2023 state law known as the “Death Star Bill.” This unprecedented legal action seeks accountability from local officials and asks that the city repeals or amends these ordinances to align with new state regulations.

The litigants, Haley Kyles, Daniel Rodriguez, and Tamara Brown, argue they have suffered financial harm due to the enforcement of these ordinances, which they believe waste taxpayer money. They contend that the maintenance of these rules is not only illegal but also unjustly burdens the community financially. This lawsuit comes on the heels of a Texas appeals court upholding House Bill 2127, the legislative measure at the center of the dispute.

The lawsuit identifies 133 specific ordinances that were discussed in a memorandum presented by Dallas to Texas Representative Rafael Anchia during the negotiations about the “Death Star Bill.” Notably, the city previously recognized that some of these ordinances would be preempted by state law if the bill were passed. House Bill 2127 is designed to restrict municipalities from enacting or enforcing laws that conflict with state statutes in specific areas, including agriculture, commerce, and property regulation.

Among the ordinances highlighted in the lawsuit is a requirement within the Dallas City Charter that mandates additional compensation for firefighters and other members of the fire department. Further cited are provisions that require uniform service provision by public service franchise holders, regulatory measures for amusement centers, and safety and registration oversight for convenience stores. Additionally, the city is pointed out for being obligated to manage properties overrun with weeds, a task that is enforced under Chapter 18, article II, section 18-17.

According to TPPF senior attorney Matthew Chiarizio, all Texans deserve freedom from excessive city regulations, implying that the lawsuit reflects a broader sentiment among taxpayers about local governance. TPPF attorney Nathan Seltzer noted that if these ordinances continue to be enforced, it could lead to increased property taxes for Dallas residents, furthering the financial strain on the community.

The local taxpayers are urging an immediate response from the city to resolve the situation. They are seeking not only the repeal or amendment of the 133 ordinances identified but also potential further legal actions for declaratory and injunctive relief should the city refuse to comply. The contentious atmosphere surrounding the “Death Star Bill” was highlighted by a recent court ruling that dismissed a joint lawsuit from the cities of El Paso, Houston, and San Antonio concerning similar issues.

Critics of House Bill 2127 have expressed concerns that the law undermines local control and the ability of cities to effectively address specific community needs. They argue that it limits the authority of municipal governments to respond to local issues, potentially compromising public welfare. On the other hand, proponents of the bill maintain that it streamlines regulations and prevents municipal overreach, which they believe could hinder the viability of small businesses.

The city’s response to the lawsuit or its plans to address the identified ordinances remain unclear as the situation unfolds. The outcome of this legal battle could set a significant precedent affecting the relationship between Texas municipalities and state governance as it pertains to local regulations.