Judge James S. Johnson of the 431st Judicial District Court dismissed the petition Monday, saying the facts presented by Burnam and his attorney were not sufficient in proving official misconduct or incompetency. Instead, Burnam\u2019s allegations \u201cpresent a dispute about the lawful scope of meeting control,\u201d Johnson wrote in a court filing.\u00a0<\/p>\n
O\u2019Hare celebrated the dismissal in a news release sent by his reelection campaign Monday.\u00a0<\/p>\n
\u201cThe court dismissed the case at the cost of radical activist Lon Burnam, leaving Burnam responsible for the costs of the failed removal effort,\u201d the release stated.\u00a0<\/p>\n
Reached by phone Monday afternoon, Burnam said he needed to consult his attorney before commenting.\u00a0<\/p>\n
His petition alleged that O\u2019Hare \u201cintentionally used or caused the use of official authority\u201d to have Burnam removed<\/a> from the Aug. 4 commissioners court meeting and banned from returning for 180 days. Burnam\u2019s removal came after O\u2019Hare repeatedly warned attendees to follow the commissioners court\u2019s posted rules<\/a> of decorum and ordered everyone other than county staff and reporters to leave the courtroom after some of them laughed and clapped.\u00a0<\/p>\n Later in that meeting, four sheriff deputies carried Burnam out of the courtroom, holding him by his wrists and ankles, when the former legislator refused to leave. O\u2019Hare had instructed Burnam to stop holding the microphone during Burnam\u2019s allotted public comment time.\u00a0<\/p>\n Under the Texas Constitution, a district judge may remove an elected county official from public office for \u201cincompetency, official misconduct, habitual drunkenness, or other causes defined by law upon the cause being set forth in writing and its truth being found by a jury.\u201d<\/p>\n Burnam\u2019s petition alleged O\u2019Hare justifies removing speakers from public meetings by labeling critical public comments as \u201cdisruptions.\u201d During the meeting in which he was carried out of the courtroom, Burnam had criticized O\u2019Hare for not allowing a previous speaker to hold the microphone as a disability accommodation.\u00a0<\/p>\n At a meeting<\/a> with the conservative activist group True Texas Project last week, O\u2019Hare dismissed criticism of his continued removal of public speakers and slammed local media for covering the incidents. He told members of the group that \u201cin any courtroom in America,\u201d people get removed and even arrested for not following the judge\u2019s orders.\u00a0<\/p>\n \u201cSo what about when one repeatedly does it, and then when they\u2019re asked to leave the building, they fall on the floor and go \u2018wet noodle.\u2019 What do you think should happen?\u201d O\u2019Hare told attendees at the True Texas Project meeting. \u201cDo you think we should just stop the meeting until they decide to stop being a wet noodle? Do you think we should just keep going while they keep laying on the floor? No, but these outfits will write stories about how bad I am.\u201d\u00a0<\/p>\n Burnam faces two criminal charges from the Aug. 4 meeting: hindering proceedings by disorderly conduct, a Class A misdemeanor, and disrupting a meeting or procession, a Class B misdemeanor.<\/p>\n Cecilia Lenzen is a government accountability reporter for the Fort Worth Report. Contact her at cecilia.lenzen@fortworthreport.org<\/a>.\u00a0<\/p>\n![\"\"](\"https:\/\/www.newsbeep.com\/us-tx\/wp-content\/uploads\/2026\/09\/20260804_CommissionersCourt-7-1024x683.jpg\")
Lon Burnam, former Texas House representative, is arrested during a Tarrant County Commissioners Court meeting Aug. 4, 2026, in Fort Worth. (Christine Vo | Fort Worth Report)<\/p>\n