A Fort Worth pastor alleges Tarrant County Judge Tim O鈥橦are violated his First Amendment rights by having him removed from a public meeting this month.
Bishop Mark Kirkland, of Greater St. Mark Ministries, sued O鈥橦are and the county Dec. 15, alleging that O鈥橦are denied him his right to freedom of speech and expression when Kirkland was addressing the Tarrant County Commissioners Court during the allotted time for public comments.
The lawsuit comes one week after Kirkland criticized O鈥橦are during a commissioners court meeting, and the judge subsequently . Kirkland is seeking $250,000 in damages and a trial by jury.
鈥淧eople are just finally getting fed up, and Judge O鈥橦are needs to understand and be put in his place that he鈥檚 not God. He鈥檚 not an overpowering ruler or dictator,鈥� Kirkland鈥檚 attorney, CJ Grisham, told the Fort Worth Report. 鈥淗e鈥檚 the county judge who has a responsibility and a duty to respect and protect people鈥檚 First Amendment rights to speak.鈥�
In January, Grisham also was removed by O鈥橦are from a commissioners meeting after swearing. He, too, is suing O鈥橦are and the county as he seeks $250,000.
In the last year, the county鈥檚 top elected official has removed attendees if they clap, swear or express criticism. Two speakers were removed from the courtroom and criminally charged in January. One of the speakers , while the other was convicted and sentenced to probation.
During the Dec. 9 commissioners meeting, O鈥橦are shushed the audience for clapping after a speaker addressed the court. During those public meetings, residents may sign up to speak for three minutes to talk about any item on the agenda before commissioners vote on it.
Kirkland was the next person to speak after O鈥橦are shushed the crowd. When he approached the lectern, he shook his head and said, 鈥淟ord, I live in America where people cannot clap. That is insane to me.鈥�
In response, O鈥橦are told Kirkland, 鈥淵ou can sit down if you would like to sit down,鈥� according to the lawsuit.
When Kirkland continued speaking, O鈥橦are instructed him to return to the audience, saying, 鈥淵our time is done. Sit down. Go. It鈥檚 not commentary on how we run the court. Your comments are limited to this item. Take a seat. You鈥檙e not talking on this one.鈥�
Two sheriff鈥檚 deputies escorted Kirkland from the courtroom when he objected, according to the Fort Worth Star-Telegram.
In a statement, O鈥橦are鈥檚 chief of staff Ruth Ray denied that the judge violated the Constitution, instead asserting that Kirkland broke the commissioners court鈥檚 鈥渢hrough his conduct and then his speech.鈥�
鈥淛udge O鈥橦are is a firm supporter of the Constitution,鈥� Ray鈥檚 statement read. 鈥淗e has never removed anyone from a meeting due to criticism and never will.鈥�
Personal attacks, unruly behavior, disruptive remarks and 鈥渁ctions of approval or disapproval from the audience鈥� are prohibited from commissioners meetings under the county鈥檚 rules. Violations can result in a speaker鈥檚 removal by the county judge, the loss of their speaking time or a temporary restriction on speaking during meetings.
Under Texas law, governing bodies cannot prohibit speakers from criticizing them or their actions, omissions, policies, procedures, programs or services.
The Texas Open Meetings Act allows for speakers to be removed from public meetings for causing a disturbance but doesn鈥檛 explicitly define what constitutes a disturbance.
Kirkland鈥檚 lawsuit alleges O鈥橦are discriminated against the pastor, who is Black, by having him removed from the meeting, while white speakers were granted more lenience.
Cecilia Lenzen is a government accountability reporter for the Fort Worth Report. Contact her at cecilia.lenzen@fortworthreport.org.
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