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

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bblhd672
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Re: Texas Carry Executive Director sued for filing signage complaint against Waller County

#196

Post by bblhd672 » Thu Mar 15, 2018 2:24 pm

Charles L. Cotton wrote:The Houston 1st Court of Appeals also ordered the trial court to conduct a hearing to determine the attorney fees and other costs of litigation the county must pay to Terry. The opinion makes it clear the court better award the money, or the appellate court will.

It was a great result. I'm going to do a podcast on this case pointing out the absurdity of the suit that was filed by the county and the judicial abuse by the judge who ruled in the county's favor.

Chas.
The first thing I thought was “ how much did this cost Holcomb to defend himself?” I’m glad to hear the county is going to be required to reimburse his attorney fees and other costs. About 125% of what it cost Holcomb in fees, costs and lost wages is a good starting point.

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

#197

Post by mojo84 » Thu Mar 15, 2018 2:26 pm

A lot of taxpayer money was wasted also. Glad it turned out like it did.


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

#198

Post by dlh » Thu Mar 15, 2018 3:13 pm

Charles L. Cotton wrote:The Houston 1st Court of Appeals also ordered the trial court to conduct a hearing to determine the attorney fees and other costs of litigation the county must pay to Terry. The opinion makes it clear the court better award the money, or the appellate court will.

It was a great result. I'm going to do a podcast on this case pointing out the absurdity of the suit that was filed by the county and the judicial abuse by the judge who ruled in the county's favor.

Chas.
Good to hear,Charles! I thought that was a frivolous suit from the get-go.

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

#199

Post by Charles L. Cotton » Thu Mar 15, 2018 3:44 pm

mojo84 wrote:A lot of taxpayer money was wasted also. Glad it turned out like it did.
After the case is fully over, including the AG suit, someone should serve an Open Records Request for all documents, audio/video records, emails, check requests/stubs, etc. related to this issue. Then give it to the media. Not me -- I do enough of these requests.

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

#200

Post by mojo84 » Thu Mar 15, 2018 3:49 pm

Charles L. Cotton wrote:
mojo84 wrote:A lot of taxpayer money was wasted also. Glad it turned out like it did.
After the case is fully over, including the AG suit, someone should serve an Open Records Request for all documents, audio/video records, emails, check requests/stubs, etc. related to this issue. Then give it to the media. Not me -- I do enough of these requests.

Chas.
That's a good idea. I'll consider doing it if I remember or it hits my radar at the appropriate time. I may need a little coaching on how to phrase the letter appropriately to get all the info.


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

#201

Post by treadlightly » Thu Mar 15, 2018 4:37 pm

mojo84 wrote:
Charles L. Cotton wrote:
mojo84 wrote:A lot of taxpayer money was wasted also. Glad it turned out like it did.
After the case is fully over, including the AG suit, someone should serve an Open Records Request for all documents, audio/video records, emails, check requests/stubs, etc. related to this issue. Then give it to the media. Not me -- I do enough of these requests.

Chas.
That's a good idea. I'll consider doing it if I remember or it hits my radar at the appropriate time. I may need a little coaching on how to phrase the letter appropriately to get all the info.
I’ve done three Public Information Act requests. I’m not a lawyer, just somebody who gets steamed when the State won’t follow its own laws.

Read the AG’s PIA handbook, for starters (free pdf download). No special wording is required, but I think it makes sense to say you are asking under the PIA. Basically, any question to a State employee is covered. If you ask a secretary how late her office is open, it’s technically covered under the PIA.

If you don’t get the information you want, this is one of the few things the AG will help with

Out of the three requests I’ve written, all three were deliberately mishandled. One, I didn’t learn how I was scammed for months. Another, the AG wrote a demand letter on my behalf (and the agency still said they didn’t have meeting minutes required in statutes), and a third I’m just getting started on.

I should probably get a life. The PIA carries criminal penalties without protection of office, but that doesn’t mean it’s willingly obeyed in all cases.


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

#202

Post by RossA » Mon Mar 19, 2018 3:29 pm

I am so happy to see that the judge (a former friend before all of this) was slapped down publicly. Too bad a judge who makes such bad rulings can't be forced to pay attorney's fees. Or a district or county attorney who pursues a frivolous case like this. The taxpayers always foot the bill.
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Re: Texas Carry Executive Director sued for filing signage complaint against Waller County

#203

Post by 1wise1 » Fri Mar 23, 2018 6:26 pm

Every story says this decision is going to "cost the county".... NO it is going to cost the taxpayers. The county is not a profit making business it is a political entity that levies a tax on every business and citizen in Waller County, as well as receives grants from the state treasury.
The District Attorney is elected by the voters of Waller County, and so is the judge. First order of business should be removal of both by the voters and then a similar house cleaning of additional county offices. Perhaps a complaint should be brought with the state bar association as well asking for a misconduct ruling. Doctors lose their licenses for malpractice... so should other licensed professionals who engage in overreach.
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Re: Texas Carry Executive Director sued for filing signage complaint against Waller County

#204

Post by puma guy » Fri Mar 23, 2018 8:38 pm

Charles L. Cotton wrote:The Houston 1st Court of Appeals also ordered the trial court to conduct a hearing to determine the attorney fees and other costs of litigation the county must pay to Terry. The opinion makes it clear the court better award the money, or the appellate court will.

It was a great result. I'm going to do a podcast on this case pointing out the absurdity of the suit that was filed by the county and the judicial abuse by the judge who ruled in the county's favor.

Chas.
Holcomb VS. Waller Co.
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Re: Texas Carry Executive Director sued for filing signage complaint against Waller County

#205

Post by ELB » Tue Apr 24, 2018 12:22 pm

Any news on this?
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Re: Texas Carry Executive Director sued for filing signage complaint against Waller County

#206

Post by Russell » Tue May 01, 2018 4:08 pm

More from the Texas Carry Facebook page:

***WALLER COUNTY LAWSUIT UPDATE***

Not surprising, Waller County is appealing the Appellate Court's ruling in Texas Carry's Executive Director Terry Holcomb's favor to the Texas Supreme Court. Their objection is to having to pay attorney fees and being sanctioned.

Why are we not surprised that Waller County believes it is above the law and should not have to answer for its egregious lawlessness? They sued Terry Holcomb for exercising his constitutional right to redress grievances against government and exercising his constitutional right. He also exercised his right under established Texas law. It does not surprise us at all that they think they are above the law. They have shown contempt for the Texas Constitution, the laws of our lands and our basic inalienable rights. Not wanting to be held accountable is par for the course for them.

There is, however, a benefit the citizens of Texas will get.

"While this only serves to show just how lawless Waller County behaves, it is really something we are glad to see. The possibility we may have the full Texas Supreme Court review this case is a good thing. If they agree to hear this case, their decision will become precedent for the entire State and not only a certain portion of the State that the Appellate Court has jurisdiction over. All of Texas citizens will enjoy the protections of the Appellate Court ruling, which I prefer. I welcome this next challenge posed by a terribly tyrannical Waller County Government, that thought it would be a good idea to sue a citizen for literally exercising a fundamental right to redress grievances with the government and operate within Texas law"; Terry Holcomb stated while adding; "I can not express enough how grateful I am to Edwin Walker with [Pre-paid legal service] for their amazing representation. They are more than up to the task and we look forward to the possibility to have the Texas Supreme Court taking this case."

While this will drag out for Mr. Holcomb and his family, he has shown he is willing to go the distance for our members and all Texas citizens. Waller County really should have done their homework before picking him to try an bully around.
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Re: Texas Carry Executive Director sued for filing signage complaint against Waller County

#207

Post by ELB » Tue May 01, 2018 7:22 pm

Thanks for the update.

I waded out of the Facebook swap couple or three years ago so these days I wont see the occasional lilly floating among all of the muck. Thanks for bringing this one out where I could see it.
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Re: Texas Carry Executive Director sued for filing signage complaint against Waller County

#208

Post by cherokeepilot » Tue May 08, 2018 8:53 pm

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

#209

Post by ELB » Thu May 17, 2018 5:23 pm

Waller County's appeal to the SCOTEX (is that an existing acronym or did I just invent it?) is at this link:

http://www.search.txcourts.gov/SearchMe ... aa7504915d

They are asking the SCOTEX to take the case to decide three things:
ISSUES PRESENTED
1. Under Verburgt v. Dorner, In the Interest of K.A.F., and the Texas Rules of
Appellate Procedure, does a Court of Appeals have jurisdiction over an appeal
if a motion to extend time to file notice of appeal is filed after the grace period
established in the Rules of Appellate Procedure?

2. Do signs posted at a courthouse that warn visitors that they may not enter the
premises with a firearm violate Section 411.209(a) of the Texas Government
Code?

3. Can a court dismiss a suit for lack of subject-matter jurisdiction and still award
court costs, attorney’s fees, and other relief under Chapter 27 of the Civil
Practice and Remedies Code?
In Issues1 and 3 they are fussing over the legal procedural issues of Holcomb's appeal to the 1st Circuit Court of Texas.

Issue 2 gets to what the rest of us really want to know, and it appears Waller County is still taking the position that in a building that houses a court room the entire building is off limits to LTC carry ( some foot notes removed):

II. Signs posted at a courthouse that warn visitors that they may not enter
the premises with a firearm do not violate Section 411.209(a) of the
Government Code, a statute with statewide importance considering
the volume of courthouses in Texas.

Government Code §411.209 states that a governmental entity
may not provide notice by a communication described by Section
30.06, Penal Code, or by any sign expressly referring to that law or
to a concealed handgun license, that a license holder carrying a
handgun under the authority of this subchapter is prohibited from
entering or remaining on a premises or other place owned or leased
by the governmental entity unless license holders are prohibited
from carrying a handgun on the premises or other place by Section
46.03 or 46.035, Penal Code. TEX. GOV’T CODE §411.209(a).

The plain language of Section 411.209(a) only prohibits “communication
described by Section 30.06, Penal Code, or by any sign expressly referring to [Penal
Code §30.06] or to a concealed handgun license.” Id. (emphasis added). That
language is very clear, unambiguous, and specific. Signs, including those posted by
Waller County, referring to Penal Code §46.03 are clearly not prohibited by the plain
language of Section 411.209(a). Additionally, a courthouse is a premises where
weapons are prohibited under Penal Code §46.03.

Penal Code §46.03 states:
(a) A person commits an offense if the person intentionally,
knowingly, or recklessly possesses or goes with a firearm, illegal
knife, club, or prohibited weapon listed in Section 46.05(a):
(3) on the premises of any government court or offices utilized by
the court, unless pursuant to written regulations or written
authorization of the court;

Tex. Penal Code §46.03(a)(3).

In Section 46.034 “premises” is defined as “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.” Id.
at §46.035(f)(3).

The plain language of Section 46.03(a)(3), combined with the definition of
“premises,” clearly and unambiguously prohibits an individual from carrying a
firearm into a building that houses a government court.

In addition to the plain language of Government Code §411.209 and Penal
Code §46.03, the legislative history of Penal Code §46.03 establishes that the
prohibition against firearms in courthouses extends to the entire building.
In 1993 the 73rd Texas Legislature passed Senate Bill 1067, which re-codified
the Texas Penal Code. At that time, Section 46.03(a)(3) prohibited weapons “in any government court or offices utilized by the court, unless pursuant to written regulations or written authorization of the court.” Tex. S.B. 1067, 73rd Leg., R.S.
(1993) (emphasis added). In 1995, the 74th Legislature passed Senate Bill 60, which
has become known as the “Texas Concealed Handgun Law.” That bill added section
46.035 to the Texas Penal Code and included the current definition of “premises” in
Penal Code §46.035(f)(3).

In 2003, the 78th Legislature passed Senate Bill 501 (“SB 501”), which
changed language found in Penal Code §46.03(a)(3) from “in any government court
. .”5 to “on the premises of any government court . . .” CR 67 at 002, line 13 (emphasis
added). This change in Section 46.03(a)(3) indicates a clear legislative intent to
prohibit firearms and other weapons from the entire building that houses a
government court or court office, not merely only from individual courtrooms and
offices. It would be meaningless for the legislature to amend Section 46.03(a)(3) if
their intention was for that section to have the exact same meaning before and after
amending it.

The plain language of Government Code Section 411.209 and Penal Code
46.03, as well as the legislative history of Section 46.03 establish that firearms are
prohibited throughout an entire courthouse.
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