UPDATE: Abbott changes mind, unlikely to sue for right to discriminate in San Antonio

Posted on 18 Sep 2013 at 4:22pm
Texas AG Greg Abbott

Greg Abbott

UPDATE: Here is the response that came from the Attorney General’s office:

We will continue to review and monitor the ordinance.  I’ve attached the letter sent to Mayor Castro before the vote was taken.  The final ordinance did not include the most problematic language, which led to our response:

“We are pleased the city council heeded our advice and deleted this provision, which surely would have been grounds for a constitutional challenge to the ordinance.  We will continue to review the ordinance and monitor the situation.”

I have requested information on what will be monitored, how the AG views this ordinance differently than the Dallas, Fort Worth and Austin ordinances and why he threatened to sue after the ordinance passed without the offending language.

ORIGINAL POST: Attorney General Greg Abbott now says it is unlikely he will file suit against the San Antonio nondiscrimination ordinance. As reported in Dallas Voice when the ordinance passed, the issues Abbott had with the law were removed before the final version went before the council.

Abbott’s office has not returned a call from Dallas Voice but a spokesman told Texas Tribune and other news outlets that the AG is unlikely to sue.

“We are pleased the city council heeded our advice and deleted this provision, which surely would have been grounds for a constitutional challenge to the ordinance,” Jerry Strickland, a spokesman for the AG’s office, said in a statement.

Except the threat of a lawsuit came after the provisions preventing someone accused of discrimination from holding office or sitting on a board or commission were removed.

“We will continue to review the ordinance and monitor the situation,” Strickland said.

It’s unclear what the spokesman meant by continuing to “monitor the situation.” There’s no situation and once passed, ordinances don’t freely change, requiring constant monitoring.

What bothers Abbott is that in San Antonio, as in Dallas, Fort Worth, Austin and El Paso, discrimination based on sexual orientation and gender identity is now illegal. The only thing to monitor is that this sort of discrimination doesn’t happen. Anywhere. But that’s probably not what Abbott’s office will be doing.

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