Tarrant County residents complain of ‘bullying’ as Judge O’Hare hit with another free speech lawsuit

Plaintiffs represented by the Texas Civil Rights Project and the First Amendment Clinic at SMU Dedman School of Law are suing O’Hare for violating free speech.

FORT WORTH, Texas — Tarrant County Judge Tim O’Hare now faces two federal lawsuits accusing the elected officials of violating the First Amendment. 

A lawsuit filed Sept. 21 on behalf of a group of women who have attended Tarrant County Commissioners meetings claims the Commissioner’s decorum policy grants wide discretion to O’Hare, the Texas Civil Rights Project, which is representing the plaintiffs, said in a press release. The lawsuit goes on to allege that O’Hare has used the decorum policy to “silence the voices of Tarrant County residents who seek only to address their own elected county officials, support or oppose County actions and share their beliefs with their neighbors.” 

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The Texas Civil Rights Project and Peter B. Steffensen and Thomas S. Leatherbury of the First Amendment Clinic at SMU Dedman School of Law filed the complaint. Four women are listed as the plaintiffs. 

“Since he took office almost four years ago, I have witnessed Judge O’Hare increase the restrictions on our ability to publicly make our opinions known, to offer reasonable suggestions, and to participate overall in our responsibility to hold our government accountable. I have no interest in a personal critique of Judge O’Hare; at the same time, frankly, I’m tired of his bullying tactics and the hostile environment he has created,” said Katherine E. Godby, plaintiff and co-founder of the Justice Network of Tarrant County.

“All of these lawsuits are filed by supporters of Alisa Simmons,” Nick Maddux, an advisor to O’Hare, said in a statement to WFAA. “Simmons has voted against property tax cuts 16 times in 4 years, voted against bulletproof vests for law enforcement, and hates the police. They know she can’t win on her record, so they engage in law fare which has repeatedly failed. Tarrant County voters won’t be fooled by these childish shenanigans.”

Simmons is the Democratic nominee for Tarrant County Judge in the November 3 midterm election. Simmons shared a statement in response to O’Hare’s comment: 

“Tarrant County residents are tired of paying for Tim O’Hare’s legal problems just like the citizens of Farmers Branch were. Mr. O’Hare’s campaign response does not address one single allegation in this lawsuit. Instead, it attacks me, a public safety professional with 21 years of service in the 9-1-1 field, with false campaign rhetoric, including the reckless claim that I ‘hate the police. I am the only person in this race with that type of public safety experience. Four Tarrant County residents filed the lawsuit. Constitutional rights belong to everyone, and personal attacks cannot erase these constitutional concerns.”

O’Hare is also facing a lawsuit brought by former State Representative Lon Burnam, who was forcibly removed from the commissioners court and later criminally charged for disrupting the meeting.

A second lawsuit filed by Burnam, seeking to have O’Hare removed from his office, was recently thrown out by a Tarrant County judge. 

Members of the public have been reprimanded, thrown out of meetings, faced arrest and criminal charges, and been barred from attending Commissioners Court meetings under the authority of the decorum policy, the release states. The lawsuit alleges that these actions have had a chilling effect that prevents the public from being able to freely express their views at Commissioners Court meetings. 

“I have been an outspoken advocate for civil rights for nearly 50 years, and this is the first time I have had my right to speak freely challenged by an arbitrary decorum policy,” said Reed K. Bilz, plaintiff and Fort Worth resident.

The lawsuit claims speakers have been punished by O’Hare for standing in support of a speaker, holding a moment of silence, criticizing members of the court, picking up the microphone to speak, and exceeding their allotted speaking time for a few seconds. 

“Criticizing your elected officials is a courageous act, especially in the Tarrant County Commissioners Court where doing so could result in your being ejected, dragged out, or worse,” said Peter B. Steffensen, Assistant Director with the First Amendment Clinic at SMU Dedman School of Law. “Our clients risk punishment every time they take the podium to speak their minds, and it’s a privilege to support them as they remind the Tarrant County Commissioners Court that it can’t ignore the First Amendment.”

Nina Lea Oishi, voting rights staff attorney with the Texas Civil Rights Project, said O’Hare’s decorum policy is overbroad, vague and unconstitutional. 

“We are so grateful to represent these plaintiffs who bravely show up to speak to their elected officials for a mere one minute after waiting for hours, despite the risk of arrest and banishment,” Oishi said. “The Tarrant County community, made up of diverse, courageous individuals, exemplifies core constitutional values, and we are honored to stand alongside them.”