The city of Dallas is facing its first legal threat after the controversial passage of Proposition S, which requires the city to respond in 60 days or else waive governmental immunity to lawsuits.
The group, Dallas HERO, claims Dallas isn't enforcing state law to ban encampments.
Dallas HERO was instrumental in getting the proposition on November's ballot. It passed with more than 55% of the vote.
It came after a months-long campaign and petition process by Dallas HERO — and a campaign to oppose the group that began just weeks before Election Day.
Propositions S allows Dallas residents to sue the city for violating the charter, local ordinances, or state law. Dallas HERO said it's aimed at "citizen enforcement."
That includes getting injunctive relief against the city — and recovering attorney’s fees. It would also see that the city can’t defend against a lawsuit with “governmental immunity.”
Previously, the city and its officers were immune from liability in some cases through governmental immunity. States have sovereign immunity from lawsuits under the U.S. Constitution's 11th Amendment. That's extended to cities in Texas, which in many cases cannot be sued for performing its governmental duties.
Proposition S means Dallas could be one of few large cities to waive it's governmental immunity in certain legal situations — if not the only one.
Former and current Dallas elected officials have previously said the proposition could leave the city vulnerable to hundreds — if not thousands — of lawsuits and tie up resources for litigation.
Homeless encampments has been a topic of discussion for city officials for years.
In the past, Dallas Park and Recreation officials say they needed more resources to deal with homeless encampments across the city's parks but struggled with finding funds to support any solutions.
Park officials said there were 350 encampments in city parks from October 2022 to September 2023. They also said there were more than 1,000 visitations to Dallas parks from October 2023 to this October during a Parks, Trails and the Environment Committee meeting last month.
In 2021, the city received a grant that went towards encampment clearing by offering long-term housing for homeless populations, resulting in a decrease in homelessness.
Street-to-Home, a program launched in July, has provided housing for more than 100 unsheltered residents.
Along with finding housing for those groups of people, the program focused on closing three encampment zones around the city: the downtown library, a lot across from Dallas City Hall between Young and Canton Street, and an embankment lining Interstate 30 between Canton and Griffin Street.
But the process takes time — and advocates for unhoused populations say closing encampments without a plan for permanent housing makes it more difficult to locate and help unhoused people in the future.
KERA reached out to the city for a comment and will update this story with any response.
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