26IST DISTRICT COURT

LORA J. LIVINGSTON TRAVIS COUNTY COURTHOUSE RUBEN TAMEZ
Judge P. 0. BOX 1748 Court Clerk
(512) 854-9309 AUSTIN, TEXAS 78767 (512) 854-94 57
FAX (512) 854-9332

BRENT D. MCCABE LA SONYA THOMAS
Staff Attorney Official Court Reporter

(512) 854-9625 (512) 854-9331

MARY JANE LAWSON January 17, 2019

Court Operations Officer
(512) 854-9337

 

Cleve W. Doty Sameer S. Birring

Jeffrey E. Farrell Hannah M. Vahl

Charles Eldred City of Austin Law Department

Of?ce of the Attorney General of Texas PO. Box 1546

PO. Box 12548, Capitol Station Austin, Texas 78767-1546

Austin, Texas 7871 1-2548 Via email: Sameer.birring?austintexas.gov
Via email: cleve.do .oa .texas. 0v Via email: Hannah.vahl@austintcxas.20v

 

Via email: 
Via email: Charles.cldred?0a2.texas.20v

Re: Cause No. Paxton v. City of Austin, at 01.; In the 53rd
District Court of Travis County, Texas
Dear Counsel:

I have considered the pleadings, any responses or replies, evidence and the arguments of
counsel and hereby make the following rulings:

0 Plaintiff met its burden to establish a violation of Section 411.209(a) on
the following dates:

0 April 4, 2016;
April 6,2016;
April 12, 2016;
July 1, 2016;

July 29, 2016; and
September 7, 2016.

Defendants did not meet their burden to establish an exception to Section
411.209(a) on any of the dates listed above.

0 

0 Plaintiff did not meet its burden to establish a violation on any other date.

 

Paxton v. City ofAustin

GN-16-3340
2
The Court assesses a civil penalty of $1,500.00, for each violation, and a
total of $9,000.00 for all violations.
0 As for Plaintiff?s request for a writ of mandamus, Plaintiff presents no

evidence that the City will not comply with these rulings, and Plaintiff has
a remedy for subsequent violations, if necessary. The Court denies
Plaintiffs request for a writ of mandamus.

Now that you have my rulings, please contact my staff, if necessary, to set a hearing to
address any matters remaining from the bifurcation. If no matters remain pending, please prepare
a judgment, circulate it for approval as to form, and submit it for signature at your earliest
convenience. If you have any questions, please contact my Staff Attorney, Brent McCabe.

Cs?i?: ?g 
ora J. digston W3
Judge, 2615t District ourt

cc: Ms. Velva L. Price, Travis County District Clerk