CodeNext petition ordinance in limbo as judge weighs arguments

AUSTIN, Texas - Advocates are pushing an ordinance to get CodeNext on a ballot.

They took the city of Austin to court Monday.

Austin's rewrite of its land development code, titled CodeNext is controversial, to say the least.

“It will affect their property, their home, their neighborhood, their community and their city. It will ultimately affect every piece of property in the city,” said Fred Lewis, attorney representing the petitioners.

Lewis says that's why it should be put on a ballot.

“Would you rather have CodeNext, if we ever have one? Or would you rather continue with the current code with incremental changes? In a democracy we think that decision is best done by the voters,” said Lewis.

In April, Austin City Council voted down a more than 30,000 signature petition ordinance, asking for CodeNext and any other land development code to be voted on, before taking effect. Advocates are trying to get the petition ordinance on November's ballot, so they took the city of Austin to court Monday.

“CodeNext will not be on the ballot this November, there is no CodeNext to put on the ballot, there is no law. This is saying if there is a CodeNext or comprehensive revision, that there will be a waiting period for voters to get up to speed, and the voters will have a chance to approve it,” said Lewis.

In Monday's hearing, Judge Orlinda Naranjo heard arguments from opponents and the city, who says there are some things voters simply, should not have to decide, these subjects have been quote "withdrawn from the field." The city said zoning is technical.

“If a subject matter is withdrawn from the field, an election can't happen. The city council by state law has to have a mandatory hearing before doing zoning. Because you can't have a hearing before the entire electorate, that's the rationale courts have said, zoning has been withdrawn from the field."

And it's because of that, that webre says the city council voted against the petition. The judge made no ruling Monday, and is taking time to weigh both arguments. Once decided, it's a case that would affect not just CodeNext, but it would give voters a say in future land rewrites.

“Some of us think it will result in massive displacement and gentrification, but that's decision for the voters to make,” said Lewis.