ALLEN COUNTY, Ind. (WANE) — The ACLU of Indiana has filed a motion to subpoena members of Allen County Council over their decision to vote down a proposal to fund a new county jail, court records show.

The ACLU hopes to have the subpoena granted so members of Allen County Council can attend the next jail status hearing on Sept. 29 and provide testimony about their decision, according to court documents.

The testimony would allow the plaintiffs to be more informed at the next meeting and allow federal judge Damon R. Leichty to determine if “modifications” need to be made to the orders the Allen County Board of Commissioners are currently abiding by, according to the motion.

Allen County Commissioners were given demands in 2022 to reduce overcrowding and understaffing at the current Allen County Jail.

As a result, Allen County Commissioners opted to build a new jail at 2911 Meyer Road and had planned to implement a new tax to help pay for it.

The Jail LIT, or local income tax, would have allowed the county to tax personal income at .2%, and it is estimated that the tax would have cost an extra $50 in taxes on an income tax of $100,000.

Municipalities have a range between .05% and .25% under state law, a tax outside the normal capped tax that allows entities to build correctional or rehabilitative facilities.

However, Allen County Council voted 2-4 to reject the proposed local income tax in July.

According to court documents, Allen County Commissioners had provided updates for the new jail, including an expected completion date, but noted that the whole plan depended on “approval and implementation of financing by [Allen] County Council.”

It is unclear when a decision on the subpoena request will be made.