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

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

Postby Russell » Tue Aug 02, 2016 9:39 am

This is absolutely unbelievable folks. If we can be sued for following the law as written for reporting bad government signage, what's next?

http://www.breitbart.com/texas/2016/08/02/texas-county-gun-rights-group-duel-right-carry/
http://www.texas3006.com - Texas 30.06 and 30.07 Signage Database.
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Lynyrd
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Re: Texas Carry Executive Director sued for filing signage complaint against Waller County

Postby Lynyrd » Tue Aug 02, 2016 9:58 am

Well, in today's day and age a person can be sued for just about anything. But, in this case, it seems to me that Waller County has a beef with the AG and his recent rulings on courthouses. I think they just picked who they thought would be the easier target.

Speculating on their discussion, I can imagine these words, "Let's see, should we sue the Attorney General, or a private citizen?"
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Re: Texas Carry Executive Director sued for filing signage complaint against Waller County

Postby dlh » Tue Aug 02, 2016 10:10 am

Wow! Just wow! Outrageous to bring a private party into a lawsuit like this. You can blame a misguided District Attorney and an equally misguided commissioner's court.

Hopefully his lawyer will soon file a motion for summary judgment and get him deleted from the suit. Would love to see attorney's fees and costs assessed against Waller County for trying to flagrantly chill a citizen's right to file a complaint.


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

Postby Russell » Tue Aug 02, 2016 10:14 am

If everything about this story is as written (and what has been said on their Facebook group), I am honestly outraged. This sounds like it is the equivalent of me being sued personally for my complaint I filed against The Hobby Center, or any member on texas3006.com being sued for reporting signage on the website.

This can't stand, nor can it ever be permitted to happen again.
Last edited by Russell on Wed Aug 03, 2016 12:29 pm, edited 1 time in total.
http://www.texas3006.com - Texas 30.06 and 30.07 Signage Database.
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Re: Texas Carry Executive Director sued for filing signage complaint against Waller County

Postby Papa_Tiger » Tue Aug 02, 2016 10:17 am

Lynyrd wrote:Well, in today's day and age a person can be sued for just about anything. But, in this case, it seems to me that Waller County has a beef with the AG and his recent rulings on courthouses. I think they just picked who they thought would be the easier target.

Speculating on their discussion, I can imagine these words, "Let's see, should we sue the Attorney General, or a private citizen?"
Maybe they assumed that with his current ongoing legal troubles, it would hard to schedule a court date with the AG. :biggrinjester: :smash:

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

Postby Jusme » Tue Aug 02, 2016 10:18 am

It sounds to me like they are attempting a pre-emptive strike, in that if they can get a ruling that the signage is not in violation, even if it comes from within their county, then, it will be a defense in any upcoming lawsuits by the AG. IANAL , but this seems like a good way to keep this tied up in appeals, if they prevail, (which, if they are filing it within the county, where they have already decided they are right, is pretty much a slam dunk) in this lawsuit.
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Re: Texas Carry Executive Director sued for filing signage complaint against Waller County

Postby Papa_Tiger » Tue Aug 02, 2016 10:23 am

Frankly, this kind of behavior in addition to the way that some of the universities have defined their off-limits areas gives me hope that the Legislature will come down hard on all areas off-limits to LTC holders in the 2017 session.

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

Postby AJSully421 » Tue Aug 02, 2016 10:25 am

This shows who and what we are up against. Tyranny at every single level of our Government. From the President to the dog catcher.

Be vigilant and stand up for your rights. There are MILLIONS of people out there who will gladly take them away from you.

I filed with the AG against my own little town of Benbrook. If they sue me, I will gladly make them look like fools in an open court. So be it.
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Re: Texas Carry Executive Director sued for filing signage complaint against Waller County

Postby Jusme » Tue Aug 02, 2016 10:30 am

I'd like for Charles Cotton to chime in on this. Wouldn't it be a conflict of interest, to hear a case filed by the county that pays you? It sure seems like this should be heard in another venue.
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Re: Texas Carry Executive Director sued for filing signage complaint against Waller County

Postby rotor » Tue Aug 02, 2016 10:59 am

Is there no penalty that can be imposed for filing a malicious lawsuit? It's almost like a false arrest.

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

Postby LucasMcCain » Tue Aug 02, 2016 11:01 am

So this is super disturbing. Let's hope it gets shut down real fast. I've met the guy's lawyer, and he seemed like a good guy. He makes a practice of going after cases like this, so he should do a good job. I love their excuse about three shootings outside of courthouses. That's just silly. These jokers should be laughed out of the courtroom for trying to circumvent the official channels and get a backdoor ruling before the AG sues them.
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Re: Texas Carry Executive Director sued for filing signage complaint against Waller County

Postby Oldgringo » Tue Aug 02, 2016 11:11 am

Papa_Tiger wrote:Frankly, this kind of behavior in addition to the way that some of the universities have defined their off-limits areas gives me hope that the Legislature will come down hard on all areas off-limits to LTC holders in the 2017 session.


I suspect that the legislature will come down on the side of the most votes. :roll:

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

Postby JALLEN » Tue Aug 02, 2016 11:14 am

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.
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Russell
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Re: Texas Carry Executive Director sued for filing signage complaint against Waller County

Postby Russell » Tue Aug 02, 2016 11:22 am

JALLEN wrote: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.



According to Facebook, they are actually asking for lawyer fees and the like, so they are indeed asking for money damages.

The law, as written, requires the citizen to file a complaint with the local government that they believe is in violation first before you can open the complaint up with the AG. A citizen should never be sued for following the law as written, and that is what is occurring here (I believe).

Texas Carry has not filed 76 complaints against Waller County. They have filed 76 complaints against local governments all across the state that are in violation of posting inappropriate 30.06/30.07 signage. They are one of the few groups I am aware of that is helping hold local governments accountable.
http://www.texas3006.com - Texas 30.06 and 30.07 Signage Database.
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Re: Texas Carry Executive Director sued for filing signage complaint against Waller County

Postby Jusme » Tue Aug 02, 2016 11:29 am

JALLEN wrote: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.



There is a copy of the complaint filed in the link posted in the OP. 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.
Take away the Second first, and the First is gone in a second :rules: :patriot:


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