City of Denton faces litigation turmoil over ordinance amid appeals court rulings

In the heart of Denton City Hall, a pivotal discussion unfolded as city officials gathered to address ongoing litigation concerning a controversial ordinance. The atmosphere was charged with anticipation as Joey De La Fuente, the city’s outside counsel, presented a comprehensive overview of the legal challenges facing Denton.

For over a year, the city has been embroiled in a lawsuit initiated by the Texas Attorney General, who contends that the ordinance in question is preempted by state law. De La Fuente explained that the city had previously filed a jurisdictional challenge, asserting that city officials were immune from the lawsuit unless it could be proven they acted illegally. However, recent developments have shifted the landscape. The Fifteenth Court of Appeals recently denied the city’s request for a writ of mandamus, which sought to overturn a lower court's order for discovery compliance. This means the city must now comply with requests for information from the Attorney General, a significant turn in the ongoing legal battle.

De La Fuente highlighted that other cities, such as San Marcos and Austin, have successfully defended similar ordinances, with their cases being dismissed at the trial court level. However, the Fifteenth Court of Appeals ruled that Denton’s ordinance is indeed preempted by state law, effectively barring the city from enforcing it. This ruling not only impacts Denton but also sets a precedent for other municipalities grappling with similar legal challenges.

As the meeting progressed, Christie Fogle, the city’s chief of staff, brought attention to pending legislation that could further complicate the situation. Senate Bill 2858, which is awaiting consideration in the House, proposes stringent measures against cities found in violation of state law. If passed, the bill would allow the Attorney General to freeze city budgets and restrict tax rates, significantly limiting local governance.

The council members listened intently, weighing the implications of these developments on Denton’s future. With a deadline looming for the Senate bill, the city stands at a crossroads, facing not only the immediate challenges of litigation but also the potential for sweeping legislative changes that could reshape its authority.

As the meeting concluded, the council was left to ponder the path forward in a landscape fraught with legal and political complexities, underscoring the delicate balance between local governance and state oversight in Texas.