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The City of San Antonio will seek an exemption from the State of Texas in order to keep the city’s rainbow crosswalk. The decision comes after the state issued a mandate to cities earlier this month to remove roadway markings that could be deemed political or ideological.
The issue was discussed during a monthly meeting of the city’s LGBTQ+ Advisory Commission Monday night. The city attorney’s office presented its case that TxDOT allows for exemptions in certain circumstances.
According to the stipulations included in the letter sent to cities on Oct. 8, the exemption can apply if there is a benefit to public safety.
“Exceptions may be granted only with written approval from TxDOT’s Traffic Safety Division, based on a demonstrated public safety benefit or compelling justification,” it said.
First Assistant City Attorney Liz Provencio told the city’s advisory commission that the exemption would be based on a reduction in the number of traffic incidents at the crosswalk since it was installed in 2018.
“We have data going back three years. That data indicated that there were two incidents that had occurred, and since the installation of the crosswalk, which will be going on … seven to eight years, in that entire time frame, we've had two (incidents) so there's no indication that it's made it any less safe,” she said in an interview with TPR.
The city has until November 8 to file the exemption. After that, it’s not clear when the state will review it and make a decision.
Members of the commission are appointed individually by the San Antonio City Council. Commission Chair Maria Salazar said instances like the directive from Governor Abbott are taking back the gains made by the community.
“We’re being attacked on a number of levels. And by 'we,' I mean the LGBTQ+ community,” she said. “This was a community effort to put this crosswalk, and it was very affirming. And so taking it out is a way of erasing us and erasing our history.”
She said she would welcome any attempt by the city to keep the crosswalk if the state rejects the exemption request.
“How does home rule or the historic district (affect this)? Does that provide any protection we have to get the city to think creatively and figure out, how we can challenge this directive from the governor?” she said.
San Antonio is the first Texas city to try to seek an exemption. The city of Houston removed its rainbow crosswalks on Monday.
This summer the city dedicated parts of Main Avenue as a Pride Cultural Heritage District.
The commission also approved a resolution they hope will be approved by the city council. Commission member Ben Harrell said he believed the state would deny exemption but that a resolution from the council would cement the city’s dedication to the LGBTQ+ community.
“The venue through which municipalities can pursue an exemption is really just a pretext for denial to give themselves legal cover,” he said. “I think they're going to deny the seeking an exemption on the part of the city, which is why I think the resolution is so important, because it orients the city to even when that happens. Inevitably, when that happens, the city is going to continue to protect the rainbow crosswalk.”
