Appeals Court Keeps Austin Police Association Out of Oversight Lawsuit

How much power Austin’s Office of Police Oversight holds will be determined in court (photo by John Anderson)

The Austin Police Association can only watch the lawsuit over the future of the Austin Police Oversight Act play out from the sidelines following a decision by the 3rd Court of Appeals last week.

Last month District Judge Maria Cantú Hexsel struck the union as a formal party to the lawsuit, and the police group hoped the appeals court would overturn her ruling. But the justices denied that request, so we’re back to square one. The union wasn’t originally a party in the suit but filed a motion to intervene, which allowed them to present arguments in the case. After the appeals court ruling, they will participate in the suit as spectators.

The appeals court did not offer an opinion with their May 3 decision to deny the association’s request, as is common practice. But, by denying the request, the justices effectively agreed with the arguments presented by Equity Action, the plaintiff in the case (and the group that wrote the Oversight Act). EA’s attorneys argued that the police union should not be allowed to join the suit because a ruling made in EA’s favor (i.e., full implementation of the Oversight Act) would not harm the union.

The union can file another request with the Supreme Court of Texas, but as of Wednesday, May 8, they had not done that (association President Michael Bullock told us the union is “exploring all available options”). A hearing in Cantú Hexsel’s trial court that was put on hold when the union filed their emergency request with the appeals court has been rescheduled for May 22.