Fort Worth Zoo Daycare

[sugar land dave]

Has there been any more activity on this?

[rtschl]

Sort of. I asked if I would be notified of updates and was told no, just the final outcome.

I have no patience with regards towards the Fort Worth Zoo itself. They seem to be willing to skirt the law at any chance on this issue. But lets give the AG's office time to investigate and follow through. I think we need to be friendly and patient. As I've said before, they have a lot of other duties to perform. I do not think that this is the highest priorty issue to the AG's office though it is very important to us here.

As I was told there are several time frames involved for notification and action. From that I'm guessing the AG's office will have to send someone to investigate personally; then verify land ownership; then contact the City of Fort Worth for official response; then wait for their response; then follow up to verify...

IOW - I expect this to take a bit of time. I will let everyone here know as soon as I know something.

[TexasCajun]

Sort of. I asked if I would be notified of updates and was told no, just the final outcome.

I have no patience with regards towards the Fort Worth Zoo itself. They seem to be willing to skirt the law at any chance on this issue. But lets give the AG's office time to investigate and follow through. I think we need to be friendly and patient. As I've said before, they have a lot of other duties to perform. I do not think that this is the highest priorty issue to the AG's office though it is very important to us here.

As I was told there are several time frames involved for notification and action. From that I'm guessing the AG's office will have to send someone to investigate personally; then verify land ownership; then contact the City of Fort Worth for official response; then wait for their response; then follow up to verify...

IOW - I expect this to take a bit of time. I will let everyone here know as soon as I know something.

So when would the clock start with regard to the fine?

[rtschl]

So when would the clock start with regard to the fine?

I'm not certain, but I believe that it would be once the AG determined them to be in violation and they DID NOT take down the signs within 15 days. But it would require a lawsuit to enforce the fines. Remember the statute gives agencies multiple opportunities to comply because the fines are the deterrent now. I do not think it would not have passed if fines were imposed quickly.

Here's the pertinent sections of 411.209 (emphasis mine):

(f) Before a suit may be brought against a state agency or a
political subdivision of the state for a violation of Subsection
(a), the attorney general must investigate the complaint to
determine whether legal action is warranted. If legal action is
warranted, the attorney general must give the chief administrative
officer of the agency or political subdivision charged with the
violation a written notice that:
(1) describes the violation and specific location of
the sign found to be in violation;
(2) states the amount of the proposed penalty for the
violation; and
(3) gives the agency or political subdivision 15 days
from receipt of the notice to remove the sign and cure the violation
to avoid the penalty, unless the agency or political subdivision
was found liable by a court for previously violating Subsection
(a).
(g) If the attorney general determines that legal action is
warranted and that the state agency or political subdivision has
not cured the violation within the 15-day period provided by
Subsection (f)(3), the attorney general or the appropriate county
or district attorney may sue to collect the civil penalty provided
by Subsection (b). The attorney general may also file a petition
for a writ of mandamus or apply for other appropriate equitable
relief. A suit or petition under this subsection may be filed in a
district court in Travis County or in a county in which the
principal office of the state agency or political subdivision is
located. The attorney general may recover reasonable expenses
incurred in obtaining relief under this subsection, including court
costs, reasonable attorney's fees, investigative costs, witness
fees, and deposition costs.

Again, I will let you all know as soon as I know something. I also think I will stop by the Fort Worth Zoo about every other week to see if the City of Fort Worth has changed their mind and ordered them to take the signs down. But I do not think they will until the AG formally finds them in violation.

BTW... It will be interesting to find out the 2A views of Fort Worth's new Police Chief who was just sworn in.

[Deltaboy]

Well I carried into Zoo everytime I been there cause when my child was little there were no legal 30-06 signs there back then.

If they claim we are a school they are involation of other laws about dangerous animals being within 1000 feet of a School.

[rtschl]

I thought I would drive by and see if the City of Fort Worth or the Fort Worth Zoo decided to follow the law and take down their signs since it is now November. All three signs that I reported to the City and subsequently to the Texas AG's office are still up. Not surprised. I'm sure they are going to refuse to act until the AG's office finds them in violation. I can wait. It will be a sweet and savory victory for Texas.