Texas Carry Executive Director sued for filing signage complaint against Waller County

[mojo84]

I'm just curious how much you internet lawyers charge per hour.

No joke! We may need you!

I'm holding out for a legit big case.

[JALLEN]

This is the ordinary declarayory relief action, the form whenever there is a dispute over interpretation of a written instrument, etc.

While the complaint against Holcomb does not expressly name him as the complainant, there is no doubt that is who filed it. If it turns out otherwise, the case will be dismissed because there is no dispute, effectively, with Holcomb.

I'm not conversant with civil procedure in Texas enough to evaluate this procedurally, the form of pleading, etc.

A District Judge is not presdisposed to rule in anyone's favor, the county or otherwise. There are hundreds of cases where political subdivisions have lost cases against ordinary citizens when the facts and law supported that result. If a judge has reason to feel otherwise, (s)he must recuse him or herself. I have known of cases where, because of strong local feelings, or ties to the community of one party, the entire local bench recused themselves, and the matter was heard by a visiting judge. Judges have a more than ordinary interest in courtroom security, of course. That is likely more of an influence for an individual judge than anything else.

Eventually, courts will interpret these provisions. It will very likely be the Texas Supreme Court to have the final say.

It might have been cheaper for Holcomb to file a complaint in his county and leave it to others to file in their counties. "Don't want no trouble, don't start none."

The suit is utter garbage and suggesting that a person should not avail himself of a statutorily proscribed procedure to prevent continuing violation of Texas law by a governmental entity boggles the mind. BTW, I'm hardly a fan of Terry Holcomb.

Chas.

Why should it boggle the mind? By filing such a number of complaints, Holcomb, who isn't a resident of any of these counties but possibly one, almost takes on the hue of an officious intermeddler. I doubt this will be the critical factor in the eventual outcome.

Declaratory relief is the accepted means for resolving these differences of interpretation, I believe. It seems the Commissioners have a novel and imaginative interpretation of these heretofore uninterpreted statutes. They believe they have a "loophole." Let the deciding process go forward. It's hardly "garbage." Maybe the AG will intervene if that seems appropriate. Maybe the AG will bring suit in Travis County, and seek a stay of this one. Maybe the AG will sit and watch what happens.

[Jusme]

This is the ordinary declarayory relief action, the form whenever there is a dispute over interpretation of a written instrument, etc.

While the complaint against Holcomb does not expressly name him as the complainant, there is no doubt that is who filed it. If it turns out otherwise, the case will be dismissed because there is no dispute, effectively, with Holcomb.

I'm not conversant with civil procedure in Texas enough to evaluate this procedurally, the form of pleading, etc.

A District Judge is not presdisposed to rule in anyone's favor, the county or otherwise. There are hundreds of cases where political subdivisions have lost cases against ordinary citizens when the facts and law supported that result. If a judge has reason to feel otherwise, (s)he must recuse him or herself. I have known of cases where, because of strong local feelings, or ties to the community of one party, the entire local bench recused themselves, and the matter was heard by a visiting judge. Judges have a more than ordinary interest in courtroom security, of course. That is likely more of an influence for an individual judge than anything else.

Eventually, courts will interpret these provisions. It will very likely be the Texas Supreme Court to have the final say.

It might have been cheaper for Holcomb to file a complaint in his county and leave it to others to file in their counties. "Don't want no trouble, don't start none."

The suit is utter garbage and suggesting that a person should not avail himself of a statutorily proscribed procedure to prevent continuing violation of Texas law by a governmental entity boggles the mind. BTW, I'm hardly a fan of Terry Holcomb.

Chas.

I agree Charles, Mr. Holcomb has definitely not made himself a friend of those of us who did things the right way to get legislation passed, and he has probably brought a lot of this on himself with his tactics, but, with that said, my concern is that if, Waller County gets a positive ruling regarding the posting of signs, it will set a precedence, that other left leaning g municipalities will follow to try and circumvent, not only the, intent of the legislation, but will create a huge log jam in lawsuits, and courtroom law that will cause the Legislature to have to address on a case by case basis for years to come. And may cause others to be hesitant to file legal complaints, out of fear of facing similar lawsuits.
I'll admit my understanding of these issues is very limited, and I may be completely on the wrong track, and that's why I was hoping you could bring some clarity to this issue.
Any insight would be appreciated.

[Charles L. Cotton]

This is the ordinary declarayory relief action, the form whenever there is a dispute over interpretation of a written instrument, etc.

While the complaint against Holcomb does not expressly name him as the complainant, there is no doubt that is who filed it. If it turns out otherwise, the case will be dismissed because there is no dispute, effectively, with Holcomb.

I'm not conversant with civil procedure in Texas enough to evaluate this procedurally, the form of pleading, etc.

A District Judge is not presdisposed to rule in anyone's favor, the county or otherwise. There are hundreds of cases where political subdivisions have lost cases against ordinary citizens when the facts and law supported that result. If a judge has reason to feel otherwise, (s)he must recuse him or herself. I have known of cases where, because of strong local feelings, or ties to the community of one party, the entire local bench recused themselves, and the matter was heard by a visiting judge. Judges have a more than ordinary interest in courtroom security, of course. That is likely more of an influence for an individual judge than anything else.

Eventually, courts will interpret these provisions. It will very likely be the Texas Supreme Court to have the final say.

It might have been cheaper for Holcomb to file a complaint in his county and leave it to others to file in their counties. "Don't want no trouble, don't start none."

The suit is utter garbage and suggesting that a person should not avail himself of a statutorily proscribed procedure to prevent continuing violation of Texas law by a governmental entity boggles the mind. BTW, I'm hardly a fan of Terry Holcomb.

Chas.

Why should it boggle the mind? By filing such a number of complaints, Holcomb, who isn't a resident of any of these counties but possibly one, almost takes on the hue of an officious intermeddler. I doubt this will be the critical factor in the eventual outcome.

Declaratory relief is the accepted means for resolving these differences of interpretation, I believe. It seems the Commissioners have a novel and imaginative interpretation of these heretofore uninterpreted statutes. They believe they have a "loophole." Let the deciding process go forward. It's hardly "garbage." Maybe the AG will intervene if that seems appropriate. Maybe the AG will bring suit in Travis County, and seek a stay of this one. Maybe the AG will sit and watch what happens.

I realize you weren't a Texas lawyer, but a private citizen is hardly a proper party to this dec action. It should have been filed solely against the AG, if at all. Holcomb is not in a position to sue or otherwise enforce the statute at issue. Only the AG can bring suit.

Yes, this lawsuit is garbage and it was filed solely to chill citizens from following the statutorily required procedures. Otherwise, it would have been filed against the AG in response to his position on the issue.

Chas.

[Charles L. Cotton]

This is the ordinary declarayory relief action, the form whenever there is a dispute over interpretation of a written instrument, etc.

While the complaint against Holcomb does not expressly name him as the complainant, there is no doubt that is who filed it. If it turns out otherwise, the case will be dismissed because there is no dispute, effectively, with Holcomb.

I'm not conversant with civil procedure in Texas enough to evaluate this procedurally, the form of pleading, etc.

A District Judge is not presdisposed to rule in anyone's favor, the county or otherwise. There are hundreds of cases where political subdivisions have lost cases against ordinary citizens when the facts and law supported that result. If a judge has reason to feel otherwise, (s)he must recuse him or herself. I have known of cases where, because of strong local feelings, or ties to the community of one party, the entire local bench recused themselves, and the matter was heard by a visiting judge. Judges have a more than ordinary interest in courtroom security, of course. That is likely more of an influence for an individual judge than anything else.

Eventually, courts will interpret these provisions. It will very likely be the Texas Supreme Court to have the final say.

It might have been cheaper for Holcomb to file a complaint in his county and leave it to others to file in their counties. "Don't want no trouble, don't start none."

The suit is utter garbage and suggesting that a person should not avail himself of a statutorily proscribed procedure to prevent continuing violation of Texas law by a governmental entity boggles the mind. BTW, I'm hardly a fan of Terry Holcomb.

Chas.

I agree Charles, Mr. Holcomb has definitely not made himself a friend of those of us who did things the right way to get legislation passed, and he has probably brought a lot of this on himself with his tactics, but, with that said, my concern is that if, Waller County gets a positive ruling regarding the posting of signs, it will set a precedence, that other left leaning g municipalities will follow to try and circumvent, not only the, intent of the legislation, but will create a huge log jam in lawsuits, and courtroom law that will cause the Legislature to have to address on a case by case basis for years to come. And may cause others to be hesitant to file legal complaints, out of fear of facing similar lawsuits.
I'll admit my understanding of these issues is very limited, and I may be completely on the wrong track, and that's why I was hoping you could bring some clarity to this issue.
Any insight would be appreciated.

All of this will be moot if we get serious about removing all off-limits areas. I'm tired of seeing this issue pushed to the back burner for over 10 years now. If we can't get it passed with all of the crap that zoos, libraries and other dishonest local officials are doing, then it will never pass.

Chas.

[nightmare69]

Is there a Texas version of Georgia's "guns everywhere" bill or something similar in our future?

[ELB]

The suit is utter garbage and suggesting that a person should not avail himself of a statutorily proscribed procedure to prevent continuing violation of Texas law by a governmental entity boggles the mind. BTW, I'm hardly a fan of Terry Holcomb.

Chas.

It is boggling at least in part because the county seem to be using its official capacity to rough up Holcomb. This seem akin to official oppression, as as well as the SLAPP angle of it. I would hope he has civil or even criminal route to fire back over this.

[Jusme]

I've sent letters and emails to my reps on this issue, can you name those( Democrats excluded) who are reluctant to push forward? I know that there will still be push back at the local level, but if we need to make changes, let's get started running those who will be willing to listen. JMHO

[warnmar10]

... This can't stand, nor can it be permitted.

Up with this I shall not put!

[JALLEN]

I realize you weren't a Texas lawyer, but a private citizen is hardly a proper party to this dec action. It should have been filed solely against the AG, if at all. Holcomb is not in a position to sue or otherwise enforce the statute at issue. Only the AG can bring suit.

Yes, this lawsuit is garbage and it was filed solely to chill citizens from following the statutorily required procedures. Otherwise, it would have been filed against the AG in response to his position on the issue.

Chas.

Can someone sue the AG before the AG has done anything, other than publish an opinion?

The private party had at least taken official action which generated the dispute.

The ruling of a trial court is hardly precedential, and will certainly be appealed.

BTW, I filed a complaint with the AG with respect to the county here, following correct procedure. It is pending.

[KLB]

I'm just curious how much you internet lawyers charge per hour.

[warnmar10]

The suit is utter garbage and suggesting that a person should not avail himself of a statutorily proscribed procedure to prevent continuing violation of Texas law by a governmental entity boggles the mind. BTW, I'm hardly a fan of Terry Holcomb.

Chas.

I don't understand why this doesn't cover Holcomb's activities:

Amendment I
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.

[KLB]

[quote="Charles L. Cotton"](The suit) should have been filed solely against the AG, if at all. /quote]

Yes, an important point. Suing Holcomb instead of the AG is an attempt to chill the filing of such complaints ts, an exanple of government as thug.

[warnmar10]

Why should it boggle the mind? By filing such a number of complaints, Holcomb, who isn't a resident of any of these counties but possibly one, almost takes on the hue of an officious intermeddler. ...

Holcomb is a resident of the State of Texas, subject to the laws of Texas. The State of Texas has recognized our unalienable right to keep and bear arms to include carrying inside government buildings. When in the Waller County Courthouse, Holcomb has the right to carry even if his only business in the courthouse is to file a complaint about the carry policy. If he is denied entry to the courthouse he has every right, some would say obligation, to file a complaint with the county then follow up with the AG.

[mojo84]

I realize you weren't a Texas lawyer, but a private citizen is hardly a proper party to this dec action. It should have been filed solely against the AG, if at all. Holcomb is not in a position to sue or otherwise enforce the statute at issue. Only the AG can bring suit.

Yes, this lawsuit is garbage and it was filed solely to chill citizens from following the statutorily required procedures. Otherwise, it would have been filed against the AG in response to his position on the issue.

Chas.

Can someone sue the AG before the AG has done anything, other than publish an opinion?

The private party had at least taken official action which generated the dispute.

The ruling of a trial court is hardly precedential, and will certainly be appealed.

BTW, I filed a complaint with the AG with respect to the county here, following correct procedure. It is pending.

Would your opinion about the government entity suing the private citizen that followed the law be different if the entity that you complained about sued you for filing the complaint?