Project Summary:
This story is part of KXAN’s “Preventing Disaster” investigation, which initially published on May 15, 2024. The project follows a fatal car crash into an Austin hospital’s emergency room earlier that year. Our team took a broader look at safety concerns with that crash and hundreds of others across the nation – including whether medical sites had security barriers – known as bollards – at their entrances. Experts say those could stop crashes from happening.
AUSTIN (KXAN) -- After a deadly crash at St. David's North Austin Medical Center last year, records show the hospital system, through its lobbyist, quietly pushed to stop a city-wide safety measure aimed at preventing another disaster, a KXAN investigation found.
The behind-the-scenes effort, the extent of which wasn't public until now, gives a glimpse into the often hidden world of lobbyists — legal and common in politics — revealing how money, access and influence can impact decisions and shape public policy.
'Obtaining policy changes'
Chances are, you've never heard of Michael Whellan. But, records show, the Austin attorney and registered lobbyist has the ear of many elected officials in town.
Whellan's website leans into his ability to gain access and get things done. He touts his experience "in obtaining policy changes before City Commissions and City Council." Because of that, business interests are willing to pay.
Disclosure records show Michael Whellan, a registered lobbyist, is paid "less than $10,000" quarterly from St. David's HealthCare. (City of Austin Photo)
Public disclosure forms show Whellan makes as much as just under $10,000 per business interest every quarter from a Rolodex of big-name clients: South by Southwest, Circuit of the Americas, Expedia and a subsidiary of Shell. Another client is Eureka Holdings, a real estate developer a KXAN investigation found bought up 70 properties in a historically Black east Austin neighborhood.
And, records show, Whellan also represents St. David's HealthCare.
That is the same hospital system where a drunk driver crashed into its north Austin emergency room lobby on Feb. 13, 2024, killing herself and seriously injuring five people. There were no safety barriers at the entrance at the time.
LOBBYIST SEARCH: See a list of Austin's registered lobbyists and who they representThe incident, and KXAN's investigations, sparked a city ordinance requiring crash-tested security bollards at new medical facilities and existing ones that expand. However, when that proposal came for a final vote in December, Whellan didn't make a public comment — the normal way the public can provide feedback. Instead, he raised concerns privately and directly to Council Members Zo Qadri and Paige Ellis as they sat on the dais.
Austin attorney and lobbyist Michael Whellan, center, did not respond to questions from KXAN investigative reporter Matt Grant. (KXAN Photo/Chris Nelson)
'Fortified City. Good grief'
Michael Whellan texted Council Member Paige Ellis during the Dec. 12 council meeting about the bollard ordinance she was about to vote on and referenced the Planning Commission's desire to expand the safety step. (City of Austin Photo)
During the Dec. 12 council meeting, in the roughly 10 minutes minutes before the vote, text and call logs obtained from a series of public records requests show Whellan texted Ellis to say broadening the policy to include libraries and child care centers would be "Crazy."
Crashes have happened in other parts of the country at those locations, including a deadly incident at a Florida day care center that sparked a local barrier ordinance. Just this week, four students aged 4 through 18, were killed killed in Illinois when a vehicle drove into the side of a building housing an after-school program.
"[F]ortified city. Good grief," Whellan texted at 11:57 a.m., during public comment remarks from a resident who supported the measure. "Feels like we need to breathe on this one."
Michael Whellan texted Council Member Zo Qadri during the Dec. 12 about the bollard ordinance he was about to vote on. After the vote, he thanked Qadri for "trying." (Courtesy City of Austin)
Ellis didn't respond and voted for the bollard ordinance saying there was "no reason" it couldn't move forward because it was "so narrowly tailored." It ultimately ended up passing unanimously. In a statement, she reiterated there was no need to postpone and said she's "interested in further discussion" about "other types of locations that could benefit" from this safety step.
"It is not uncommon that we hear from advocates or lobbyists on various decisions that impact policy," Ellis said, "and it is up to us as Council Members to make the decisions we feel best serve the public."
During the meeting, Whellan texted Qadri that Ellis "may not have seen" his message. He complained the ordinance wasn't "narrowly drawn" and that was "the problem." At 11:55 a.m. -- two minutes before the council began discussion on the bollard ordinance -- he spoke by phone with Qadri's policy advisor, Natalie Deller, for 46 seconds, phone call records show.
Just before noon, Qadri surprised former Council Member Mackenzie Kelly, who initiated the measure, when he announced: "I'm pushing to postpone this item."
Austin City Council Member Zo Qadri looked down and appeared to be reading during the Dec. 12 council meeting when he motioned to postpone a vote on the hospital bollard ordinance. (ATXN Photo)
After Deller spoke with Whellan, she relayed a flurry of text message talking points to her boss on the dais, including: "we don't know what this means for renovations and rebuilds."
Qadri, looking down during the council meeting, appeared to read from something, and spoke.
"I think for me, and some folks I've talked to, I think it's about, you know, we don't know what it necessarily means for renovations and rebuilds," Qadri said at 12:05 p.m.
'This will save lives:' New Austin law will make hospitals safer, KXAN credited"We know what it means for, you know, the current structures but not renovations or rebuilds," he added. "And, you know, I think not having had the chance to talk to hospital systems and standalone service systems about how it would impact their feasibility of entrance during emergencies are my concerns."
'At my request'
After Qadri's attempt to postpone the bollard vote failed, Whellan texted him and his adviser separately: "Thanks for trying."
EXPLORE: KXAN's "Preventing Disaster" investigation that sparked Austin's resolution"Moving on. Terrible policy," Whellan told Deller. "It will impacts lots of people unknowingly."
He let Qadri know his disgust directly: "Ugh."
Part of an email Michael Whellan sent the CEO of St. David's HealthCare (Source Photo)
Minutes after the vote, Whellan reported back to St. David's HealthCare CEO David Huffstutler and other hospital officials, according to an internal email KXAN obtained from a source.
"Despite an attempt by Council Member Qadri to postpone (at my request), the Bollard Ordinance (attached) passed," Whellan wrote. "He just couldn't get others to jump on board with a postponement of the decision on the poorly written ordinance."
The hospital system will now have to "monitor" the development of regulations to make sure the bollards it already installed "are compliant," Whellan told them.
St. David's told KXAN it spent $500,000 last year installing additional bollards before the vote. It has repeatedly refused to say whether those barriers are crash-rated — something the new ordinance requires of new medical facilities.
Michael Whellan spoke to the Austin City Council on March 27. (KXAN Photo/Matt Grant)
'We just want to get your side'
Since January, KXAN has requested an interview with Whellan multiple times. A phone message left for him in January was returned by a St. David's spokesperson who said, "he asked that I call you." We again followed up with interview requests on Jan. 22, March 6 and March 12.
On that last date, the hospital system sent us a statement saying Whellan has represented them since 2010.
"Like many businesses in Austin, as we expand our current facilities and build new facilities to serve the region's growing population, we work with a land use and entitlement attorney on construction projects," St. David's said in a statement.
KXAN asked if that response indicated it would not make Whellan available for an interview, as requested, or if it even asked him.
"The statement is all St. David's HealthCare can provide for this story," the spokesperson responded.
After two months of our interview requests going nowhere, we met up with Whellan at City Hall in March, after he spoke to the city council about a development project.
"We just want to get your side" about a policy matter and public safety issue, KXAN investigative reporter Matt Grant told Whellan as he walked away, not saying anything.
Michael Whellan, right, waves but had nothing to say when KXAN investigative reporter Matt Grant, left, tried to ask him questions recently at City Hall. (KXAN Photo/Chris Nelson)
"Did St. David's direct you to try to stop the hospital bollard ordinance vote?" Grant asked.
No response.
"You told St. David's leadership that you 'requested' Council Member Qadri postpone the vote. What did you mean by that? ... What did you mean when you texted Council Member Ellis during the meeting that expanding the ordinance would create a 'fortified city' and 'we need to breathe on this one?'" Grant continued.
"I'm not sure what you're talking about," Whellan said as he walked outside City Hall into the light rain.
"We have the text messages right here," Grant replied, motioning to pages of printed emails and messages.
After walking outside, saying he "need[ed] to head into here," gesturing towards the AXS ticketing Box Office and Austin City Limits Live Shop across the street, Whellan backtracked and returned to City Hall. As he waited to go through security for a second time, KXAN asked if he had anything to say.
"I forgot my umbrella," Whellan replied.
Following our meeting, Whellan emailed KXAN a two-sentence statement that was nearly identical to the one St. David's previously sent.
"As a land-use and entitlement attorney, I represent St. David's HealthCare in all construction matters," he said. "I have served in this role since 2010."
'A blow to transparency'
While this type of behind-the-scenes lobbying is legal, and unsurprising to City Hall insiders, that doesn't mean front-of-the-line access is ethical, according to the government watchdog group Public Citizen in Austin.
"It's a blow to transparency, right?" said director Adrian Shelley, who reviewed text and phone call logs KXAN obtained from a public records request.
Adrian Shelley outside the Public Citizen office in Austin. (KXAN Photo/Matt Grant)
Shelley said this is an example of how "influence plays out in real-time" and highlights the "inequality of access" members of the public have with their elected leaders. Generally, he said, people should be concerned anytime special interest groups get special access to policy makers -- especially during a vote -- away from the public eye.
"It frustrates the ability of the public to participate, meaningfully, in the process," he said.
Public Citizen wants to see more transparency on a state and local level when it comes to lobbyists. While Austin does disclose the names of registered lobbyists, and who they represent, the average person would have a hard time knowing who is privately pushing what policy — and on behalf of whom, Shelley said.
One thing to look for that is public: In Austin, when a lobbyist is speaking before the city council, they are supposed to identify themselves as such and say who they represent, he pointed out.
Tracking Lobbyists
Austin's 100 registered lobbyists are required to file quarterly reports showing who their clients are and what price range they are paying as part of an ordinance the City Council passed in 2016. Search through the city's database of lobbyists and business entities.
"You might care just as deeply about an issue as a special interest group," he told KXAN. "But, if you don't employ lobbyists, if you don't have a special relationship with a council member, you don't have access to them, you can't influence their decision-making."
'One of many voices'
Back at City Hall, Qadri defended his move to postpone the bollard ordinance discussion. When asked by KXAN how much of an influence St. David's surrogate had on that decision, he responded: "Absolutely none."
"It is accurate to say Whellan had reached out to our office about a postponement," Qadri said. "But he wasn't the person carrying the water. He was one of many voices that reached out."
Austin City Council Member Zo Qadri said Michael Whellan's outreach had no impact. (KXAN Photo/Chris Nelson)
One voice that was "top of mind" for Qadri was from Awais Azhar, the vice chair of the Austin Planning Commission, he said. Two days before the Dec. 12 vote, Azhar publicly expressed trepidation during a meeting to consider a recommendation on the then-proposed bollard measure. The APC, expressing a desire to see it expanded to other types of buildings, voted to postpone a recommendation, which wasn't needed for the city council to pass the measure.
During that meeting, Planning Commissioner Azhar said he was trying to understand the "scope of the problem" for existing medical facilities.
"I think that's very much the intent here is to add more safety, not add an impediment to emergency services," Azhar said. "That's not what we're trying to do here."
Reached for comment, Azhar confirmed he did reach out to Qadri — after Whellan reached out to him "at least twice" with concerns. That outreach partly influenced his decision to vote against recommending the ordinance, he said.
"They were completely compliant or moving towards compliance," Azhar recalled Whellan telling him about St. David's decision to voluntarily install bollards. "So, was it necessary to have an ordinance?"
Despite Whellan's objections, Azhar said he was ultimately going to support the ordinance because "it's something we need." He wanted a pause to "iron out" some of the details and questions he had — like if "alternative" barriers would work instead of crash-rated bollards. Security experts, and tests KXAN witnessed at Texas A&M's Transportation Institute, indicate non-crash-rated bollards would not be as effective.
St. David’s North Austin Medical Center added a dozen bollards outside its ER after the fatal crash on Feb. 13. (Courtesy Howry, Breen & Herman)
Qadri insists his motion to postpone voting for the measure was something he "was going to bring forward regardless" of Whellan's lobbying.
"We had heard about unintended consequences, which is something that, yes, Michael [Whellan] shared and sent our way," Qadri said. "But, for me, hearing from the Planning Commission and just voices in the district are what's most important and carry the most weight."
Ultimately, he said he "never wanted to kill" a measure he supports. Rather, the goal was to keep working on it the following month.
"Once we realized we couldn't get the item delayed, I wanted it to pass," he said. "I didn't want to be a hinderance or vote against something that's still very much needed, right? We saw what happed in north Austin."
In December, records show Whellan called, texted or emailed almost every council member, or their staff, about various policy matters, including a digital kiosk pilot program. The day after the bollard vote, he spoke on the phone with Council Member José Velásquez for nine minutes and Mayor Pro Tem Vanessa Fuentes for 23 minutes, records show. Both supported the motion to postpone the bollard ordinance. KXAN reached out to Valasquez's office for comment but as of this report has not heard back.
'No bollards in place.' Second crash at St. David's hospital in Austin months after deadly incident"I was proud to co-sponsor and support efforts for stronger safety measures at our hospitals," Fuentes said. "The call in reference occurred after the vote and was unrelated to the item. My decisions are grounded in community needs and a commitment to public safety."
'We were opposed'
In the lead-up to the vote, St. David's remained neutral — at least publicly. When previously asked to comment on the proposal, the hospital system said it would work with policymakers to "ensure compliance with any new laws if they are passed."
Levi and Nadia Bernard with their toddlers, Sunny and Rio, left, before being run over by a car inside the lobby of St. David's North Austin Medical Center on Feb. 13, 2024. (Austin Police Department Photo)
However, after KXAN told the hospital system about Whellan's email to St. David's and outreach to council members, a spokesperson admitted, for the first time, it was "opposed to the City of Austin's bollard ordinance" even though "in general" it "supports protective barriers, or bollards, at pedestrian entrances to hospitals."
The hospital system said in a statement to KXAN that it felt the measure was "rushed," "incomplete" and "selectively targets healthcare facilities based on an incident at one of our hospitals."
St. David's added that it felt the proposal was fast-tracked "to accommodate Council Member Mackenzie Kelly's desire for approval prior to the end of her term."
Kelly, who initiated the ordinance in response to KXAN's investigation and testified in front of a Senate panel in favor of a bill to expand that safety step statewide, said the measure was "not rushed" but carefully planned out.
Former Council Member Mackenzie Kelly held up a copy of her bollard policy, which became law in December. (KXAN Photo/Matt Grant)
"I am thankful for the thoughtful consideration and technical expertise from city staff to create the ordinance," Kelly said in response to St. David's comment.
The hospital system called the ordinance "overly broad" and, echoing concerns from the Texas Hospital Association, said it creates an "unfunded mandate" that could "financially challenge smaller healthcare providers."
"People driving under the influence, or the risk of injury from a vehicle breaching a building for any reason, can happen anywhere and at any type of business," a spokesperson for St. David's said. "If the goal is truly to protect people, the focus should be on identifying those vulnerable locations, comprehensively, rather than singling out healthcare facilities."
No 'industry input?' Whellan attended stakeholder meeting
A KXAN analysis found more than 20 deaths from crashes at medical sites since 2014 in these states. (KXAN Graphic/Wendy Gonzalez)
Using data from the nonprofit Storefront Safety Council, TxDOT, police, EMS and media reports, a KXAN analysis found more than 20 deaths and 400 crashes involving medical sites across the country over the past decade -- a startling statistic that was recently highlighted by state lawmakers.
St. David's, in a statement, claimed the ordinance "passed without the necessary technical details, industry input or consideration for its broader implications."
In response, Austin Transportation and Public Works said the ordinance only impacts development permits submitted after the ordinance took effect on Dec. 23, which, so far, doesn't apply to any facility, including St. David's.
"The requirements of the ordinance would impact any qualified project where a site plan is submitted, the parking area is modified, a new facility is built or an existing facility is renovated," TPW spokesman Brad Cesak said.
The criteria for security bollards is "under development" and expected be integrated into the Transportation Criteria Manual during the next rules cycle, consistent with City Code, he added.
A KXAN analysis found more than 400 crashes involving medical sites since 2014 in these states. (KXAN Graphic/Wendy Gonzalez)
"Until those updated criteria have been integrated," Cesak said, "the City of Austin provides applicants with technical guidance which are consistent with City regulations."
That technical guidance says crash-tested bollards should adhere to standards set by organizations like ASTM International, which as KXAN previously reported, is recommended by security experts.
The city also pushed back on St. David's assertion that there was no "industry input."
"We can confirm a representative from St. David's was part of the stakeholder meeting that occurred," Cesak said.
St. David's did not respond when we asked about that point.
Michael Whellan attended the city's stakeholder meeting to give input on the bollard proposal three months before it went for a council vote according to a list of participants. (City of Austin Photo)
It turns out, St. David's representative was Whellan, according to meeting records.
The stakeholder group, which met on Sept. 18, gave input on the ordinance three months before it went for a council vote.
On Aug. 16, Austin Transportation and Public Works contacted the assistant vice president of media relations for St. David's HealthCare, Erin Ochoa, with an invite "to discuss the proposed ordinance," records show.
"I've copied Michael Whellan on this email," Ochoa wrote back, "he will take the lead to assist you with this."
Whellan attended the virtual meeting as a representative of HCA Healthcare, the for-profit ownership partner of St. David's HealthCare, records show. Ally Medical ER, Ascension, Baylor Scott & White and Texas Children's Hospital were also represented.
Now, an effort to expand the ordinance that started in Austin is working its way through the Texas legislature.
Senate Bill 660, filed by Sen. Royce West, D-Dallas, backed by the Texas Nurses Association and sparked by KXAN's investigations, would require crash-rated bollards at most hospital entrances statewide. It would exempt hospitals located in rural areas with a population size of 68,750 or fewer, hospitals with 100 beds or fewer, and facilities that already have crash-rated bollards or "another similar safety barrier" in place.
St. David's referred questions about bollards to the Texas Hospital Association, which opposes the bill and called it a "one-size-fits-all" mandate.
In April, SB 660 cleared the Senate and was referred to the House Public Health Committee.
Qadri told KXAN he's "keeping a close eye" on that bill, "because I do see a need for life-saving measures, like bollards."
On that, Kelly agreed.
"This is about saving lives," she said, "and mitigating disaster before tragedy strikes."
Graphic Artist Wendy Gonzalez, Director of Investigations & Innovation Josh Hinkle, Investigative Producer Dalton Huey, Investigative Photojournalist Chris Nelson, Digital Special Projects Developer Robert Sims and Digital Director Kate Winkle contributed to this report.
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