Jonathan Mitchell, the Austin attorney widely credited with devising the legal strategy for a Texas law that bans abortion after six weeks and also empowers private citizens to bring lawsuits against those who violate it, is now applying the same novel legal mechanisms to book bans.

Why it matters: Draft city ordinances written by Mitchell could lead to Texans suing librarians and others for their decisions about which books to put on shelves — or for expressing LGBTQ+ support.

Zoom out: The effort comes as local libraries and school districts face pressure to remove from shelves certain books that address race, racism, sexuality, abortion and LGBTQ+ identity as part of the nation's latest culture war battle.

Context: Mitchell represents Llano County, northwest of Austin, in a civil lawsuit brought by seven residents who claim their First Amendment rights were violated after county officials removed books from shelves.

Between the lines: Bonnie Wallace, vice chair of the county library advisory board, stepped into the role last year as part of a conservative takeover of the Llano library system.

• Appearing before a Hill Country Republican women's group in September, Wallace said Mitchell told her that he can "craft municipal ordinances that city and/or county governments can enact that would immediately make pornography in the libraries illegal," per a copy of a message displayed by the group, posted online, and obtained by Axios.
• Mitchell was writing "Safe Library Patron Protection" ordinances for 10 communities — and "there are another 10 in the pipeline," per the September message.

What they're saying: Mitchell did not respond to interview requests and Wallace refused an interview, citing ongoing litigation. Axios was not able to independently corroborate which, if any, communities were considering these ordinances.

In December, a version of Mitchell's Safe Library Patron Protection ordinance was submitted for consideration to the Abilene City Council by a pastor who is now running for mayor.

Zoom in: The draft ordinance says the library may not purchase any item containing "immoral content" or allow people in drag to read to children.

• The draft ordinance also bars librarians or any other city employees from displaying an LGBTQ+ flag or emblem.

Between the lines: The draft ordinance includes a "private right of action" that allows any person to bring a civil action against anyone who violates the ordinance's provisions — including against the library if staff do not pull books from the shelves.

• The ordinance calls for damages of at least $10,000 per violation, as well as legal costs and attorney fees.
• That language closely resembles that of the anti-abortion law designed by Mitchell.

Reality check: The draft ordinance never got a vote.

• Ryan Goodwin, the pastor who pushed the ordinance to the Abilene City Council, said he has been in touch with activists in Lubbock, Amarillo, Waco, San Angelo and small communities near Houston who are trying to get it adopted by their cities or counties.
• "This is about giving clear boundaries about what's acceptable and what's not, and if you're a librarian and you stretch outside that, you open yourself up to a lawsuit," Goodwin tells Axios.

The other side: The prospect of the ordinances is "incredibly alarming," Shirley Robinson, the executive director of the Texas Library Association, tells Axios.

What's next: Wallace has asked Gov. Greg Abbott to prioritize legislation that stops "the sexualization of Texas children."

• Abbott will reveal his priority legislative items tonight.

The legislative angle

🏛 The Austin City Council voted 10-1 to fire Austin city manager Spencer Cronk on Wednesday after criticism of his leadership during this month's ice storm. He will collect $463,000 in severance. (Austin Chronicle)

• Jesús Garza, Austin's city manager during Kirk Watson's first term as mayor — and the treasurer, until yesterday, of the political action committee supporting him — was named interim city manager.

✈️ The Federal Aviation Administration has issued a "safety call to action" after several recent narrowly averted catastrophes. (Axios)

• Earlier this month, a FedEx 767 nearly landed atop a Southwest 737 that was cleared for takeoff at Austin-Bergstrom International Airport while the 767 was nearing the runway in bad weather with poor visibility.

⚖️ The Travis County district attorney has dismissed the felony domestic violence charge against former Longhorns men's basketball head coach Chris Beard. (Austin American-Statesman)

Mardi Gras returns in full in New Orleans for the first time since 2020, meaning it's back to the usual shenanigans for the "greatest free show on Earth."

Why it matters: If you're up for a spontaneous weekend trip in the buildup to Mardi Gras Day next Tuesday, Feb. 21, our new Axios New Orleans reporter Chelsea Brasted put together a last-minute guide for you.

• Hit the road from Austin and you're looking at more than eight hours in the car.

🍾 Do whatcha wanna

What kind of party do you want?

• Kid friendly: Stick to daytime parades and set up camp on the neutral ground (as medians are known in New Orleans) Uptown. The local paper has the basics.
• Adults only: Think late nights on Bourbon Street or singing karaoke at Kajun's Pub.
• LGBTQ+: Get tickets to Choke Hole, the drag queen wrestling show, or the wildly artistic Dad's Ball. Find Le Societe de Sainte Anne on Mardi Gras Day.
• Black History: Celebrate African-American traditions by watching Black Masking Indians step out on Mardi Gras in ostentatious and beautiful hand-beaded suits, or see the Zulu Social Aid and Pleasure Club parade through the city.

Where to eat and more ways to party like a local

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