City of Bend gets ‘first win’ in lawsuit seeking to preserve $43 million in federal funds for airport, Reed Market overpass

Barney Lerten

BEND, Ore. (KTVZ) — A court order in a lawsuit joined by the city of Bend keeps in place tens of millions of dollars for key projects, Bend Mayor Melanie Kebler told fellow councilors Wednesday evening.

Here’s the statement read by the mayor at the council meeting:

“Two weeks ago, the City joined 30 other local governments in a lawsuit to prevent certain federal agencies from imposing unlawful conditions on grants the City was awarded for critical infrastructure projects.

“Yesterday, we got our first win.  The court issued a preliminary injunction in favor of the cities and counties.  The court concluded that imposition of the conditions at issue — which relate to immigration enforcement and diversity, equity, and inclusion — likely violates the Constitution and federal law. 

“What that means for Bend is that we can access over $43 million in funds for our airport and the planned Reed Market Overcrossing, without having to agree to conditions that the court said are likely unlawful and that may require us to violate State law, which restricts the use of local resources for federal immigration enforcement. 

“The goal of joining this effort, as I said a few weeks ago, is to complete these necessary safety-related projects as cost-effectively as possible. This lawsuit does that. 

“We are being represented in this case for free. And if we ultimately win, we will save Bend taxpayers millions of dollars by delivering these projects with federal funds, rather than looking to reallocate city dollars in an already tight budget.”

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