STOP THE VIA MONSTER’s ILLEGAL FUNDING BY THE CITY OF SAN ANTONIO
FOR IMMEDIATE RELEASE
September 18, 2025
WHAT: PRESS CONFERENCE – SAFA ACTION sues City of San Antonio (CoSA) for illegally funding VIA
WHEN: FRIDAY, SEPTEMBER 19, 2025, AT 10:30 AM
WHERE: SAN ANTONIO CITY HALL, 100 MILITARY PLAZA, SAN ANTNIO, TX 78205
WHY: CoSA’s plan to send its statutory portion of VIA Advanced Transportation District (ATD) II sales and use tax via the interlocal agreement back to VIA violates the Texas Transportation Code as well as violates the Texas Constitution and the City Charter.
“Taxation without representation was the kindling that rapidly spread the fire for independence in the American Colonies in 1776”, stated Patrick Von Dohlen. “It led to the Boston Tea Party and the American Revolution. Now, the City of San Antonio is again engaging it similar bad policy.”
Although there was a public vote on the ATD II on November 3, 2020 that approved an additional 1/8 of 1% sales and use tax as part of a misguided Bus Rapid Transit (BRT) plan, the City failed to define how a significant portion of the sales would be spent on public ways. Danny Petri, who resides close to SPA, said, “The first part of this ‘Green Line’ plan calls for tearing up San Pedro Avenue (SPA), disrupting traffic and businesses, and permanently replacing the middle turning lane with a bus lane necessitating no future left turns along SPA. This plan will fundamentally transition traffic for bus priority at the expense of everyone one else especially for First Responders, individual auto drivers, small business owners, and families who live along San Pedro Ave.”
SAFA Action Attorney, Jerad Najvar stated, “Under state law (Transportation Code 451.702(g)), while most of the revenue is controlled by the transportation district (VIA Metropolitan Transit), San Antonio is entitled to receive a portion of the revenue, to be controlled by the City Council representatives elected by San Antonio voters. But the City Council agreed to shovel 100% of its portion of the sales and use tax increase over to VIA, severing any local political accountability for San Antonio voters in how the money is spent. This violates the Transportation Code because chapter 451 deliberately sets aside 25% of the revenue to be paid to the municipalities participating in any such transportation district. This ensures at least some local control over a portion of the tax revenues. Moreover, this 25% of the 1/8 cent sales tax amounts to over $13,500,000 per year. How many potholes could be fixed? How many streets could be re-paved? How many lights could be properly timed?”
Najvar continued explaining that, “Chapter 451 even contemplates interlocal agreements—but only one way: it expressly allows VIA to transfer funds TO participating municipalities; however, it does not provide authority for fund transfers from municipalities to VIA.”
The City’s plan to fund its “Bus Rapid Transit” (BRT) boondoggle violates state law and the City’s own charter by shoveling the responsibility for spending sales tax revenue over to VIA which has no elected board members.
The plan also violates San Antonio’s own Charter. Texas law has long held that a city council may not delegate its powers to an outside body. The Charter vests the City Council—elected by City voters—with responsibility over the City’s property and finances (CoSA Charter Art. II, Sec. 4). While City Council has discretion to determine exactly how to spend the additional tax revenue, it must exercise that discretion. It cannot shovel the money to another entity to spend in that entity’s discretion.
Mike Knuffke, SAFA Action Board Member, observed that “When the City has a provider like VIA public buses that many taxpayers agree is an amenity for a better quality of life for the community, yet is subsidized to the tune of 95% of its annual operating budget, why would the City propose a massive and intrusive expansion of that provider (VIA) that fails to expand needed routes or have a verifiable, practical way to increase ridership voluntarily?”
For more information, contact Patrick Von Dohlen, 210.601.7059
SAFA Action | 210.928.7232 (SAFA) | info@SAFAfamily.com
Preserving God-given rights to preserve our democratic Republic through protecting, defending, and promoting the family, the building block of society