El Paso, other Texas cities sue state for self-governance amid enforced juvenile curfew

El Paso skyline
Credit: KFOX14/CBS4

KFOX14
by Jonathan Mejia
Mon, August 21st 2023, 4:40 PM CDT

EL PASO, Texas (KFOX14) — The city of El Paso said the mayor's veto on the juvenile curfew was just a symbolic gesture and the city would have to comply with the new state law starting September 1.

However, city officials said the fight is not over.

Since Friday KFOX14 has asked the city if they expected any legal pushback or if they're preparing for a legal battle.

While the city will have to enforce the curfew come September, they've [city] joined other Texas cities in a lawsuit to get their power back.

"The kids today are dealing with something different the kids from yesterday were dealing with, and we need again to protect the youth of our city," El Paso Mayor Oscar Leeser, said.

Leeser spoke with KFOX14 one-on-one after he announced his veto of a city council vote to stop enforcing the juvenile curfew ordinance.

The vote was made to fall in line with a new state law that restricts local governments from enforcing a curfew.

Now the city has joined a lawsuit with other Texas cities against the state of Texas.

City Attorney Karla Niemann sent KFOX14 the following statement:

The Mayor’s veto is a critical first step in a coordinated attempt to express the City’s concern with efforts by the State of Texas to limit local governing authority – in this case specific to HB 1819 which prohibits the City of EL Paso from imposing a curfew on our youth. The Mayor’s veto filed with the City Clerk states that State law supersedes our local authority on this issue as well as his intent for exercising his veto power. As such the City will comply. It is because of bills like these and HB 2127 that we have joined the City of Houston and San Antonio in suing the State of Texas for stripping away home-rule authority and the power of our citizens to self-govern.

While Leeser's veto may only prove to be a symbolic gesture he's made it clear from the start that he believes El Paso and any other community need the freedom to make their own decisions.

"You can’t really have us do this and hurt the counties. Allow us to do what’s best for our community and we’ll continue to do the right thing for our people," Leeser said.

Leeser said El Paso police and the Sheriff's office supported his decision and it's a stance that he said is shared by other law enforcement across the state.

KFOX14 has submitted an open record request to get a hold of the lawsuits filed against the state and will share the findings on air and online kfoxtv.com