Judge denies activist's request to stop toll road campaign

AUSTIN — A judge has refused a toll road opponent's request to block the Texas Department of Transportation from spending money on a campaign that promotes toll roads and the Trans-Texas Corridor.

Terri Hall of the San Antonio Toll Party and Texans Uniting for Reform and Freedom argued the "Keep Texas Moving" campaign violates a prohibition on state officials using their authority for political purposes.

On Monday, State District Judge Orlinda Naranjo denied Hall's request for a temporary restraining order. The judge noted another law cited by state lawyers that allows the department to promote the development and use of toll projects.

"It seems that the Legislature has weighed in and given the department the authority to promote toll roads," Naranjo said.

Another hearing is expected soon on the state's motion to dismiss the case. The state contends that it's legal for the transportation department to promote toll roads and that the agency is responding to calls for public education about its projects.

Hall's lawsuit also seeks to block transportation officials from lobbying Congress to allow more tolling.

"This is just round one," Hall said Monday. "This issue is definitely not over."

Her attorney, Charles Riley, said the facts will show that the agency is using highway funds for a political purpose, and not just for providing information about toll roads.

Gov. Rick Perry and the transportation department have championed toll roads and the proposed Trans-Texas Corridor, a tolled network of superhighways, as solutions to dire transportation needs that have outpaced gas tax revenues.

A department spokesman said he had no comment on Monday's ruling and referred to earlier statements defending the department's right to promote toll roads.

Toll roads opponent loses round in court

Judge refuses to keep state from promoting projects

By PEGGY FIKAC
Copyright 2007 Houston Chronicle Austin Bureau

AUSTIN — A San Antonio activist lost a court round Monday in her effort to stop state transportation officials from spending public funds to promote toll roads and the Trans-Texas Corridor.

State District Judge Orlinda Naranjo refused to grant a temporary restraining order to immediately stop the spending as sought in a petition by Terri Hall of the San Antonio Toll Party and Texans Uniting for Reform and Freedom.

Another hearing is expected as early as next week on a state motion to dismiss the case, which targets both the multimillion-dollar Keep Texas Moving campaign and any attempt by transportation officials to persuade Congress to allow more tolling, such as a proposal on potentially tolling interstates.

"This is just round one. This issue is definitely not over," said Hall, contending that transportation officials in promoting the divisive initiatives are violating a ban on using their authority for political purposes and on lobbying.

Naranjo noted another law cited by the state specifically allows the Texas Department of Transportation to promote the development and use of toll projects.

The state has said the Keep Texas Moving campaign is meant to provide information to the public as demanded by state lawmakers.

"It seems that the Legislature has weighed in ... and given the department the authority to promote toll roads," Naranjo said in denying the request for a temporary restraining order. Such an order is meant to maintain the status quo until a full hearing in a case.

As the legal proceedings continue, Hall's side will seek to show transportation officials' actions go beyond what's allowed in the law.

"We're confident that as the facts come out they're going to show that TxDOT is using public money for a political purpose, not just for providing information about toll roads," said Hall's lawyer, Charles Riley of San Antonio.

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