T.U.R.F. Press Cconference video on Federal Lawsuit against San Antonio Metropolitan Planning Organization

TURF to sue transportation board for equal protection
MPO Board composition violates First and 14th Amendments to U.S. Constitution
By Terri Hall - T.U.R.F. - Oct. 23, 2007

San Antonio, TX, Monday, October 22, 2007 – In what could change the way toll roads are decided and approved in Bexar County, TURF filed a NEW lawsuit in FEDERAL COURT to put the power over transportation decisions back in the hands of the PEOPLE. TURF recently scored a victory in STATE COURT in a different lawsuit (read it here) against members of the Texas Transportation Department and Transportation Commission.

A lawsuit has been brought against the San Antonio Metropolitan Planning Organization (SAMPO) Transportation Policy Board that allocates tax dollars to transportation projects and approves toll rates and toll projects and San Antonio Councilwoman and MPO Chair Sheila McNeil. The lawsuit alleges that the composition of the SAMPO Board is unconstitutional and Chairwoman McNeil has been a party to denying the First Amendment right of free speech to the constituents of elected MPO Board members like State Representative David Leibowitz by blocking an agenda item and any debate on an issue brought up at his request. This novel lawsuit cuts to the heart of how toll roads are approved.

It’s based upon the First and Fourteenth Amendments to the United States Constitution, 28 U.S.C. §1331, and 28 U.S.C. §§1343(3) and (4). The section of the post-Civil War civil rights enactments codified as 42 U.S.C. §1983 provides the Plaintiff’s enabling cause of action. A faction of governmental officials with the help of unelected board members have shut citizens and voters who oppose toll roads out of equal participation in the political process. The case will also argue that actions like Chairwoman McNeil’s removal of an agenda item asking for the funds TxDOT is spending on the Keep Texas Moving ad campaign be returned to building roads.

By way of recent example, in a SAMPO Transportation Policy Board meeting of September 24, 2007, Defendant McNeil, using the badge of authority of Chairmanship of the Board, arbitrarily removed from the meeting agenda a motion by State Representative and MPO Board member David Leibowitz calling for SAMPO to object to certain expenditures of public money by TXDOT promoting toll roads, which expenditures Representative Leibowitz believed to be inappropriate.

Defendant McNeil, acting under color of law, removed Representative Leibowitz’s motion from the meeting agenda even though Representative Leibowitz had properly and legitimately placed it on the meeting agenda and SAMPO had included it in the public posting of the agenda pursuant to the Texas Open Meetings Act. Defendant McNeil, acting under color of law, refused to permit Representative Leibowitz to present his motion because of her disfavor of his attempt to provide a voice for his constituents who oppose turning free public highways into toll roads.

TURF will be asking for both a temporary and permanent injunction to suspend ALL activities of the MPO until the case is decided and the Board’s composition is changed to reflect proper Constitutional representation allowing equal protection under the law per the 14th Amendment.

The unconstitutional MPO has blocked agenda items, voted against an independent review of toll plans that would bring accountability to the gross misuse of taxpayer money in these toll plans, voted against restoring the gas tax funded overpasses on 281 (281 in particular DOES NOT NEED TO BE TOLLED, what’s needed are overpasses and they’ve been paid for since 2003, the money is STILL there, they could do it tomorrow, but this un-Constitutional Board persists in preventing the simple solution that’s already paid for!

The MPO Board has also delayed votes, blocked the succession of the next Chair, and changed the bylaws to allow yet more illegal representation on the Board.

“The people of Texas are FED-UP with out-of-control abusive government. We’ve done everything in our power to exert the political pressure to change this unconstitutional Board, but when the deck is stacked and a powerful unelected voting block is allowed to persist unchecked, we have no choice but go to court to address our grievances. This is taxation without representation and we cannot and will not allow it to continue,” says Terri Hall, Founder and Director of TURF.

For a history of the efforts of the pro-toll faction blocking citizens from equal representation:
Click here and scroll to bottom for links to each action.

Chairwoman McNeil strips agenda item requested by State Representative David Leibowitz on expenditures for toll roads (click here.)

TURF sues transportation board for equal protection

By Terri Hall - T.U.R.F. - Oct. 22, 2007
MPO Board composition violates First and 14th Amendments to U.S. Constitution

San Antonio, TX, Monday, October 22, 2007 – In what could change the way toll roads are decided and approved in Bexar County, TURF filed a NEW lawsuit in FEDERAL COURT to put the power over transportation decisions back in the hands of the PEOPLE. TURF recently scored a victory in STATE COURT in a different lawsuit against members of the Texas Transportation Department and Transportation Commission.

A lawsuit has been brought against the San Antonio Metropolitan Planning Organization (SAMPO) Transportation Policy Board that allocates tax dollars to transportation projects and approves toll rates and toll projects and San Antonio Councilwoman and MPO Chair Sheila McNeil. The lawsuit alleges that the composition of the SAMPO Board is unconstitutional and Chairwoman McNeil has been a party to denying the First Amendment right of free speech to the constituents of elected MPO Board members like State Representative David Leibowitz by blocking an agenda item and any debate on an issue brought up at his request. This novel lawsuit cuts to the heart of how toll roads are approved.

It’s based upon the First and Fourteenth Amendments to the United States Constitution, 28 U.S.C. §1331, and 28 U.S.C. §§1343(3) and (4). The section of the post-Civil War civil rights enactments codified as 42 U.S.C. §1983 provides the Plaintiff’s enabling cause of action. A faction of governmental officials with the help of unelected board members have shut citizens and voters who oppose toll roads out of equal participation in the political process. The case will also argue that actions like Chairwoman McNeil’s removal of an agenda item asking for the funds TxDOT is spending on the Keep Texas Moving ad campaign be returned to building roads.

By way of recent example, in a SAMPO Transportation Policy Board meeting of September 24, 2007, Defendant McNeil, using the badge of authority of Chairmanship of the Board, arbitrarily removed from the meeting agenda a motion by State Representative and MPO Board member David Leibowitz calling for SAMPO to object to certain expenditures of public money by TXDOT promoting toll roads, which expenditures Representative Leibowitz believed to be inappropriate.

Defendant McNeil, acting under color of law, removed Representative Leibowitz’s motion from the meeting agenda even though Representative Leibowitz had properly and legitimately placed it on the meeting agenda and SAMPO had included it in the public posting of the agenda pursuant to the Texas Open Meetings Act. Defendant McNeil, acting under color of law, refused to permit Representative Leibowitz to present his motion because of her disfavor of his attempt to provide a voice for his constituents who oppose turning free public highways into toll roads.

TURF will be asking for both a temporary and permanent injunction to suspend ALL activities of the MPO until the case is decided and the Board’s composition is changed to reflect proper Constitutional representation allowing equal protection under the law per the 14th Amendment.

The unconstitutional MPO has blocked agenda items, voted against an independent review of toll plans that would bring accountability to the gross misuse of taxpayer money in these toll plans, voted against restoring the gas tax funded overpasses on 281 (281 in particular DOES NOT NEED TO BE TOLLED, what’s needed are overpasses and they’ve been paid for since 2003, the money is STILL there, they could do it tomorrow, but this un-Constitutional Board persists in preventing the simple solution that’s already paid for!

The MPO Board has also delayed votes, blocked the succession of the next Chair, and changed the bylaws to allow yet more illegal representation on the Board.

“The people of Texas are FED-UP with out-of-control abusive government. We’ve done everything in our power to exert the political pressure to change this unconstitutional Board, but when the deck is stacked and a powerful unelected voting block is allowed to persist unchecked, we have no choice but go to court to address our grievances. This is taxation without representation and we cannot and will not allow it to continue,” says Terri Hall, Founder and Director of TURF.


See history of the efforts of the pro-toll faction blocking citizens from equal representation. (scroll to bottom for links to each action)

Chairwoman McNeil stripped agenda item requested by State Representative David Leibowitz on expenditures for toll roads.

San Antonio attorney David Van Os, is representing TURF.

Lawsuit to STOP TxDOT’s illegal lobbying postponed to Monday!

State objected to judge, will attempt to throw it in an appeals court black hole
By Terri Hall - T.U.R.F. - Thursday, September 20, 2007
In Travis County District Court today, TURF Founder Terri Hall, filed a petition for a temporary restraining order against the Texas Department of Transportation (TxDOT) to immediately halt its illegal taxpayer funded, toll road campaign. Judges from all over the state are at a conference in Galveston, TX so a visiting judge, Bill Bender, was assigned the case. The lawyer with the Attorney General’s office, Kristina Silcox, representing individuals employed by TxDOT who are named in the suit, objected to the judge, and having no available replacement, the hearing for a temporary restraining order was postponed until Monday.

Judge Bender was apparently unacceptable to the State since he resides in Seguin, which happens to be in the path of the Trans Texas Corridor.

“TxDOT didn’t want this case heard before a judge whose community is deeply affected by the Trans Texas Corridor,” thinks Hall. "Every day this case isn't heard is another day TxDOT illegally spends taxpayer money on a toll road ad campaign."

Silcox also entered a plea to the jurisdiction, which is the State’s new playbook to force a strong case into an appeals court abyss (as they did with a lawsuit against the Metropolitan Planning Organizations filed in October of 2005 and is still stuck in an appeals court black hole: read about it here.). The State’s argument will not hold up but it won’t matter. The code, changed in 2005, allows the State to dump any good case it stands to lose by doing a fast track appeal as soon as they lose a motion and BEFORE the case is EVER heard! If they win the motion, the case is dismissed. Either way, they’ll call it a win.

“Not so fast,” says Hall. “These fast track appeals are the State's get out of jail free card and resemble the State's fast track eminent domain that forcibly removes landowners in 90 days. We knew they’d try this and we’ll combat it so that this case is heard and TxDOT is FORCED to comply with the LAW! I thought we are a nation governed by the rule of law, but since Governor Perry took office and started promoting his toll road schemes, he and his transportation commission rule more like an oligarchy. Even with a stacked deck, the people of Texas seek justice and will fight on.”

This lawsuit is brought pursuant to § 37, Texas Civil Practice and Remedies Code. TxDOT’s expenditure of public funds for the Keep Texas Moving campaign is illegal, and an injunction prohibiting any further illegal expenditures in this regard.

TxDOT has violated § 556.004 of the Texas Government Code by directing the expenditure of public funds for political advocacy in support of toll roads and the Trans Texas Corridor, and have openly indicated TxDOT’s intention to directly lobby the United States Congress in favor of additional toll road programs.

On August 22, 2007, TURF filed a formal complaint with Travis County District Attorney Ronnie Earle to investigate TxDOT’s illegal lobbying and asked him to prosecute TxDOT for criminal wrongdoing. See the formal complaint here . Today’s petition seeks immediate injunctive relief in a civil proceeding.

“Between TxDOT’s PR campaign, report to Congress asking that all limitations on tolling be lifted including buying back existing interstates, and Chairman Ric Williamson's recent trip to D.C. lobbying for the same, it's clear they've not only crossed the line into illegal lobbying, but they leaped over it,” says Hall.

TxDOT’s report to Congress, Forward Momentum, ignited a category 5 blowback that prompted Senator Kay Bailey Hutchison and U.S. Representatives Charlie Gonzalez,and Ciro Rodriguez to file legislation (S 2019 and HR 3510) to halt the tolling of existing interstates and to prohibit TxDOT from buying back interstates for the purpose of tolling them (read more here). TxDOT’s actions also prompted Rep. Rodriguez to call for a House Transportation and Infrastructure Committee hearing on converting interstates to tollways and on TxDOT's ad campaign (read more here.).

T.U.R.F. asks Ronnie Earl to block TxDOT's multi million dollar pro Trans Texas Corridor Ad campaign

Mr. Ronnie Earle
District Attorney
Travis County
509 W.11th St
Austin, TX 78701
August 22, 2007

Dear Mr. Earle:
The citizens of Texas believe the Texas Department of Transportation (TxDOT) is illegally using taxpayer money to wage a cleverly cloaked public relations campaign to push the wildly controversial Trans Texas Corridor and toll road proliferation.

According to a memorandum obtained by the Express-News entitled "Keep Texas Moving: Tolling and Trans-Texas Corridor Outreach" sent to transportation officials by Coby Chase, director of the agency's government and public affairs division, TxDOT has undertaken a multi-million dollar campaign including direct mail, billboards, and training of employees to sell the public their proposals over talk radio.

It's not only an inappropriate and wasteful use of our gas tax dollars by an agency perpetually claiming it’s out of money for roads, but it's ILLEGAL for a PUBLIC agency to take a policy position and use the public's tax money to sell them something using an under-handed PR campaign.

The State Auditor already found TxDOT "cooked the books" Enron-style on the Trans Texas Corridor mismarking funds as "engineering" when in fact, they spent it on PR. The Auditor’s office testified to this before the Senate Transportation Committee on March 1, 2007. See the report entitled “An Audit Report on the Department of Transportation and the Trans-Texas Corridor” released in February 2007.

Please open an investigation and prosecute this agency for its repeated illegal activities. The people of Texas want justice. When Ken Lay cooked the books at Enron, he was sent to jail. The same needs to happen with those guilty of breaking the law at the highway department.

Sincerely,

Terri Hall
Founder/Director
Texans Uniting for Reform and Freedom (TURF)
San Antonio, Texas 78232
(210) 275-0640 • www.TexasTURF.org
__________________________________

“If a corporate CEO had done this to their shareholders, they’d be in JAIL!” notes Hall.

Citizens gasped when the Texas State Auditor’s office revealed that TxDOT cooked the books at the Senate Transportation & Homeland Security Committee hearing March 1. A record 800 witnesses heard this testimony at the hearing.

Source: E-mail from T.U.R.F. written by Terri Hall.

Toll road proponents say motorists can and should pay more

By Terri Hall - Texans Uniting for Reform (TURF) - Monday, July 23, 2007
We warned the Texas Legislature this would happen if they passed that "compromise" bill, SB 792, that Rick Perry rammed through in the last weeks of the 80th session. TxDOT would use these new market-based tolls to rob us blind and them come back for more...without accountability, without representation. Toll taxes, especially market-based tolls, are runaway taxation without representation, and it's the POLITICIANS WHO ALLOWED THIS TO HAPPEN that will pay dearly!

When people can scarcely fill their tank with gas at $3/gallon, it boggles the mind to think there's a stitch of validity to this argument that motorists can and should pay the highest possible tolls. The bond buyers in an investment grade toll viability study for 183A in Austin said toll roads are no longer viable at $3 a gallon for gas. So from whence shall the toll money come? Short of taking food off the table and shoes off our children's feet, there's only so much the family budget can pay toward transportation before other necessities suffer. These are the same politicians who fail to fix runaway annual appraisals that lead to out of control property tax rates that, in turn, have caused every major Texas city to be in the top 10 for foreclosures in the country! Mad yet? Read on and then VOTE THE BUMS OUT!

Jaime Castillo: Toll road proponents: Motorists can — and should — pay more
San Antonio Express-News - 07/22/2007

They say you don't kill the messenger, but can you at least throttle him?

The "him" in this instance is Dye Management Group Inc., which recently completed a draft audit on toll roads for the Texas Transportation Commission.

After taking a look at existing toll rates of 10 to 15 cents a mile in Dallas, Houston and Austin, the firm determined that local toll authorities aren't charging drivers enough.

The logic — a term that should be used loosely — is that motorists can and will pay more, which would bring in more cash for the state's yawning road needs.

"Tolls charged by local authorities are lower than studies indicate that their customers would be willing to pay," the audit reads. "As a result, congestion goals will not be met."

Translation: "If you want to raise funds for other projects, keep jacking up the toll price until drivers cry 'uncle,' and then back it off a penny or two."

As reported by Express-News transportation writer Patrick Driscoll, the audit "mirrors much of what officials have been saying for years."

Hope Andrade, a transportation commission member from San Antonio, told Driscoll:

"It just confirms the emergency situation that we're in. We can no longer support toll rates that are not market value."

If this were part of a political handbook on winning support for toll roads from a skeptical public, charging "market value" — or as much as you can get — on tollways would be relegated to the section titled: "How to lose even more support in 30 seconds or less."

And this isn't the fault of people like Andrade, either. State and federal lawmakers continually saddle transportation officials with a losing poker hand.

In the last 16 years, the state's population — and construction costs — have grown exponentially. Yet, the gas tax — the primary source of highway funding — has been frozen since 1991.

And not only has it remained static in an ever-changing world, state lawmakers can't keep their hands off of it either.

Continuing its long-running budgetary shell game, the Legislature's latest two-year budget will see one-tenth, or $1.6 billion, of the highway fund diverted from building and maintaining roads.

With fiscal constraint apparently off the table, raising the gas tax must be looked at seriously. While difficult with gasoline prices hovering around $3 a gallon, it could be done if the entire state leadership — the governor, lieutenant governor and House speaker — supported the change.

That way, lawmakers, who already quietly concede that the gas tax is too low, could stick their necks out and not fear being singled out as the pigeons that supported higher taxes.

The alternative is to unnecessarily gouge those who will use toll roads. If the recommendations by Dye Management Group are the guide, toll riders will soon have the privilege of paying the highest tolls possible and paying the 20-cent-a-gallon gas tax.

A recent trip to the car dealer landed me in a shuttle van with several other car-less souls.

The shuttle van driver, exasperated by a 15-minute wait to go a couple of miles on U.S. 281 North, said to no one in particular:

"This almost makes you want to see toll roads."

To which, a homeowner who lives near the intersection of 281 and Bulverde Road blurted out:

"I don't care what they do as long as they do something soon."

With that kind of captive — and infuriated — audience, state and local transportation officials are banking that they will get their way eventually.

But it still doesn't make it right.

T.U.R.F. warns that Market Valuation in SB 792 allows backdoor CDAs

By Terri Hall - Executive Director Texans Uniting for Reform and Freedom
YOU’VE BEEN HAD! TXDOT’S GOTCHA IN SB 792

MARKET VALUATION(IE - CONCESSION FEES) WILL BE MANDATORY ON ALL TOLL PROJECTS IF SB 792 PASSES AS WRITTEN! TRADITIONAL TURNPIKES NO LONGER AN OPTION!

In seeking clarification on the implications of “market valuation” on toll projects (Sec. 228.0111), TURF has learned that if SB 792 passes as written, ALL toll projects around the state MUST USE market valuation to establish toll rates and to set toll rate escalation. Traditional turnpikes, where an entity simply sells bonds for the actual cost of building the road and the tolls pay back that debt, WILL BE OFF THE TABLE!
Read more