The lawsuit was filed on the final day of the first special session called by Gov. Greg Abbott — and on the eve of a second specially called legislative session — and names as defendants Abbott, House Speaker Dade Phelan and State Rep. James White.
This was after the Democrats filed a restraining order in an attempt to stop Gov. Abbot from forcing them to come home and do their jobs. Restraining orders are normally used to stop personal threats (usually a woman who is concerned about a violent spouse), not to avoid doing the job that you are still collecting on.
Abbott has called for the arrest of the more than 50 House Democrats who fled the state last month for Washington, D.C., to block the passage of an elections bill they said would restrict voting rights in the state. Their departure left the House without a quorum, the number of present members needed to pass bills, stalling the chamber’s operations. Phelan put the chamber under a “call” in an effort to regain quorum and signed a civil warrant for state Rep. Philip Cortez, D-San Antonio, after he returned to the Texas House only to depart for the nation’s capital again a few days later.
white said Friday night he did not know he’d been sued or why he was named as a defendant. The lawsuit also failed to use Phelan’s legal name, which is Matthew McDade Phelan. From personal experience, this will get it thrown out most likely.
The Democrats’ attorney, Craig Anthony Washington, is a former Democratic lawmaker who is practicing law under a probationally suspended license, according to the State Bar of Texas.
In a shocking twist, the lawsuit alleges that some Democrats are being targeted because of their race and skin color without providing any evidence.
The three Republican lawmakers acted together under the “color of law” to cause the harm alleged in the suit, but then points no specific harmful actions other than “public statements.” The lawsuit also says some individual plaintiffs experienced “retaliatory attacks, threats and attempts at coercion relating to the exercise of their First Amendment rights” but again does not provide specifics.
The plaintiffs listed in the case are state Reps. Senfronia Thompson, Trey Martinez Fischer, Gene Wu, Vikki Goodwin, Ron Reynolds, Eddie Rodriguez, Jon Rosenthal, Jasmine Crockett, Mary Ann Perez, Alma Allen, Christina Morales, Nicole Collier, Celia Israel, Ana-Maria Ramos, Barbara Gervin-Hawkins, Terry Meza, Donna Howard, Jarvis Johnson, Ray Lopez, Shawn Thierry, Elizabeth Campos and Gina Hinojosa.
Thierry issued a statement Saturday morning, saying she had not asked to have the suit filed in her name. “I did not request, review or authorize the filing,” she said.
Collier issued a similar statement about an hour later. Washington declined to comment.
The lawsuit alleges that the three Republican lawmakers have attempted “by public statements and otherwise, to attempt to deny, coerce, threaten, intimidate, and prevent” the Democrats and their constituents from voting in all elections, petitioning the government for redress of grievances, speaking publicly about their constitutional rights, exercising their right of association and their right to not being arrested without probable cause.
The Democrats allege that in acting together, the defendants engaged in a conspiracy to deprive them of their constitutional rights.
Because of the defendants’ actions, the complaint alleges, the plaintiffs have been “deprived of liberty for substantial periods of time, suffered much anxiety and distress over separation from their families, and much discomfort and embarrassment.” They also have suffered damages to their reputations and have had to spend time traveling to Washington to lobby Congress to pass laws that would protect voting rights.
The complaint then claims $5 in actual damages and $10 in punitive damages; there is telling what it is going to cost taxpayers in terms of court costs and case clogging. Or actually running the state in the interim.
To every traffic cop out there: Consider yourself put on notice that if you attempt to arrest me I WILL SUE YOU FOR INFRINGING ON MY 1st AMENDMENT RIGHT OF FREE EXPRESSION!
On a personal note: what a stupid place to put a playground.