May 2014: Judge grants temporary restraining order to prevent Lincoln Center demolition
The legal fight between the City of El Paso and the Texas Department of Transportation over the Lincoln Center took a dramatic turn on Wednesday, when the City obtained a restraining order to halt the demolition process of the building.
The request was filed Wednesday morning and granted immediately by Judge Thomas Spieczny. Soon after it was granted, City Reps. Eddie Holguin and Lily Limon went to the Lincoln Center and presented the contractors with the injunction.
About four dozen protestors stood outside the Lincoln Center chanting, praying and signing as TxDot officials and workers with the asbestos removal contractor removed demolition equipment from inside the vacant building.
Wednesday afternoon TxDOT spokeswoman, Veronica Beyer sent a short email to media stating the agency was suspending all actions in the initial phase of the demolition of the Lincoln Center. “While the condition and location of the building remain a concern for TxDOT, our contractor has ceased operations while the courts consider the matter,” the email stated.
The temporary restraining order is good until 1:30 p.m. May 29 when a hearing will be heard in the case. In the request for a restraining order, the City argues it has legal standing because it’s a “governmental entity that has notified TXDOT of its intent to acquire this building pursuant to TXDOT’S promise and offer.”
In October 2013, TxDot publicly announced it’s plans to delay demolition of the center for one year to allow a local government entity to assume responsibility of the building and to allow other community stakeholders to come up with a viable financial plan for the center.
Also last October, El Paso Mayor Oscar Leeser wrote a letter to Transportation Commission Chairman Ted Houghton informing TxDot of the City’s plan to identify a community partner – possibly El Paso Community College – to work with to acquire the building from the state agency.
City officials said TxDot broke its promise when seven months after their commitment, TxDot announced it would begin the asbestos removal and demolition process. “It was shocking, it was a slap in the face, it was worse than a betrayal,” said Limon on Wednesday about TxDot’s plan.
Houghton refused to answer any questions about the Lincoln Center on Monday after he was approached by the media following an award ceremony. “I’ve said all I’ve got to say,” he said as he walked away from reporters.
Over the phone Monday, TxDot’s District Engineer for El Paso, Bob Bielek said safety concerns had become imminent since the October decision to delay demolition for a year. He said TxDot is concerned a car can fall off the ramp and on to the Lincoln Center area because the railing in that part of I-10 is older and about a foot shorter than other areas of the freeway
A concern Houghton mirrored on Monday during a presentation at the award ceremony. A TxDot spokeswoman pointed an incident involving a Coca Cola semi truck that dangled on a nearby ramp on U.S. 54 Tuesday afternoon as an example of the risk.
Limon said the newly voiced safety concern is a “scare tactic” by TxDot. “It’s an effort to justify the demolition of Lincoln Center. I think it’s simply TxDot saying we’re going to demolish and we’ll look for any little possible excuse and that’s all it is, an excuse. If it truly is a safety hazard, you don’t have to destroy the whole bridge, you do the reinforcements that are necessary,” she said.
“People can say it hasn’t happened yet so there’s no risk but if a car does fall onto the area, then people will look at TxDot and ask ‘why didn’t you do something about this before,” said Bielek on Monday over the phone.
Bielek also pointed out the building has been vacant since 2006 and can attract vandalism.
Supporters said there have been no reported incidents of defacement or trashing at the Center.
Limon and the preservation committee said TxDot has been inaccessible and hasn’t made an effort to meet with them.
“We are not included in any planning, any decisions,” said Hector Gonzalez, a member of the preservation committee.
This Spring, the preservation committee submitted a business plan for the center. Bielek said he wouldn’t call it a business plan and said it drastically underestimated asbestos removal and the cost of maintenance. A claim refuted by Senator Jose Rodriguez, who has worked with the preservation committee.
TxDot owns the building so even if the city invested money into leasing and rehabilitating it, it could be risky. TxDot could legally take it back with thirty days notice anytime it decides it needs it for a transportation project.
Related Content:
History of Lincoln Center as presented at City Council in 2011
