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

[JALLEN]

There is a copy of the complaint filed in the link posted in the OP.

Unfortunately it is unreadable in Scribe. A .pdf would be more widely useable.

[mojo84]

It appears it has been removed from Scribd.


This comment is also worth noting.

Holcomb told Breitbart Texas he is being represented by Houston lawyer T. Edwin Walker and he describes him as “an independent program attorney with [Pre-paid legal service].” Holcomb says while “Mr. Holcomb is a member of [Pre-paid legal service], such a suit as this is not part of their coverage. Mr. Walker has graciously offered to represent him regardless.”

I wonder if his offer is to represent him is pro bono?

[LucasMcCain]

I am not well versed enough to know if there are any errors in it, but to me this just seems like a two pronged approach by Waller County, in that they are hoping to get a ruling that even if the complaint was, in fact properly filed etc., That they are seeking a ruling to exonerate themselves from the application of the statute. Secondly to intimidate anyone else from similarly filing.
Again, my legal expertise is limited, so I may be way off base.

I think that is exactly what is going on. I think they are figuring that even if it gets shot down, they can manage to run up enough court costs for the defendant to deter others from filing against their governments. It would set a horrible precedent if it's allowed. That said, my legal expertise is pretty much nonexistent, so I could be misunderstanding something here. Regardless, it feels like underhanded bullying tactics.

[ELB]

You can't really assess this situation accurately unless you read the complaint(s) filed with the counties and the AG to see whether or not the complaints are accurate and proper on their face.

When a citizen files a complaint and takes it to the AG, that opens the issue to be resolved. We suppose the AG will review, then pursue, such complaints as appear to have factual and legal merit.

Filing a complaint which is egregiously meritless might justify a suit. Here it seems all the DA is seeking is akin to declaratory relief. The article says no money danages are sought.

Filing so many is a bit eccentric, I would think.

In reverse order:

I don't see anything eccentric about Texas Carry filing complaints in accordance with Texas law (assuming that's what you are referring to). That's activism, and it is something 2A supporters should engage in. The NRA and I believe TSRA have largely taken the tack of prioritizing legislative progress, which is fine as far as it goes, but there is a large field of battle in the courts, and for years the left (which I see as synonymous with anti-2A in this context) has very effectively pushed its agenda through the courts - both with court cases, often by organized groups (e.g. "PIRGs") and with appointment of friendly judges.

As far as this case goes -- I could read the entire complaint at the Breitbart post, and yes it is appalling. It is completely directed at interpretations of the law and taking exception to the AG's recent opinions. I didn't see a single word that alleged that Terry Holcomb had done anything that would merit a complaint. It doesn't even say that Terry Holcomb made a complaint about the signs! It simply names him as defendant and then says the local government received a complaint from "a citizen." That's it! It does also ask for attorneys' fees and "other relief". That may not be legal "damages" but it sounds like they want money out of Holcomb's pocket.

This really is appalling. I don't know what the legal way forward is, but morally speaking the officials in Waller county who threw this up should be canned. I would hope the judge tosses this immediately, and if not that the Texas AG could bigfoot his way into this (since he's actually the one they should be fighting with). The lawyers who put this together should be sanctioned (and fired from their current positions). I don't know if the officials involved are Republicans or Democrats, but if they are Republicans the local party should disown these guys. This is a huge abuse of their positions.

[dlh]

District Attorneys and Commissioners are elected in Texas. Hopefully the voters will give them the toss next time they are up for re-election.

[Jusme]

You can't really assess this situation accurately unless you read the complaint(s) filed with the counties and the AG to see whether or not the complaints are accurate and proper on their face.

When a citizen files a complaint and takes it to the AG, that opens the issue to be resolved. We suppose the AG will review, then pursue, such complaints as appear to have factual and legal merit.

Filing a complaint which is egregiously meritless might justify a suit. Here it seems all the DA is seeking is akin to declaratory relief. The article says no money danages are sought.

Filing so many is a bit eccentric, I would think.

In reverse order:

I don't see anything eccentric about Texas Carry filing complaints in accordance with Texas law (assuming that's what you are referring to). That's activism, and it is something 2A supporters should engage in. The NRA and I believe TSRA have largely taken the tack of prioritizing legislative progress, which is fine as far as it goes, but there is a large field of battle in the courts, and for years the left (which I see as synonymous with anti-2A in this context) has very effectively pushed its agenda through the courts - both with court cases, often by organized groups (e.g. "PIRGs") and with appointment of friendly judges.

As far as this case goes -- I could read the entire complaint at the Breitbart post, and yes it is appalling. It is completely directed at interpretations of the law and taking exception to the AG's recent opinions. I didn't see a single word that alleged that Terry Holcomb had done anything that would merit a complaint. It doesn't even say that Terry Holcomb made a complaint about the signs! It simply names him as defendant and then says the local government received a complaint from "a citizen." That's it! It does also ask for attorneys' fees and "other relief". That may not be legal "damages" but it sounds like they want money out of Holcomb's pocket.

This really is appalling. I don't know what the legal way forward is, but morally speaking the officials in Waller county who threw this up should be canned. I would hope the judge tosses this immediately, and if not that the Texas AG could bigfoot his way into this (since he's actually the one they should be fighting with). The lawyers who put this together should be sanctioned (and fired from their current positions). I don't know if the officials involved are Republicans or Democrats, but if they are Republicans the local party should disown these guys. This is a huge abuse of their positions.

That's the problem with this whole thing. The case is filed in the Waller County courthouse to be heard by Waller county judges. Which Waller County judge do you suppose will throw out a case filed by the very people who pay them?
The train is full speed ahead on this railroad job!!

[dlh]

The lion's share of a State District Judge's salary is paid by the State of Texas. Local counties can supplement that salary but I am not familiar with how that works.

State District Judges in Texas are also elected and can be voted out of office by voters in their Districts.

I have no idea about the biases of the local District Judge who will hear this case. Will certainly keep track of this case.

[ScottDLS]

Presumably the best case that AG has is in the definition of "PREMISES".

"(3) “Premises” means a building or a portion of a building. The term does not include any public or private driveway, street, sidewalk or walkway, parking lot, parking garage, or other parking area."

A building OR A PORTION OF A BUILDING. Why add the second part if it was always meant to be the entire building that the prohibited place resided in?

I know that courts don't always read English the way most of us do...but it really seems pretty plain to me (and Dan Patrick too).

[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."

[KLB]

Without a doubt the defendant could end up owing money to Waller County. The prayer for relief asks for reasonable attorneys fees. That could be tens of thousands of dollars.

Not my area, but perhaps Texas Carry will be able to get the suit dismissed under the anti-SLAPP statute:
http://www.statutes.legis.state.tx.us/D ... htm#27.010