A U.S. appeals court will determine whether two lawsuits alleging First Amendment violations move forward against Tarrant County and Judge Tim O鈥橦are.
The Bishop Mark Kirkland filed against the county and O鈥橦are in January is paused until the U.S. Fifth Circuit Court of Appeals decides whether to reconsider a lawsuit Kirkland鈥檚 attorney, CJ Grisham, filed against the county judge last year. Both men allege that O鈥橦are violated their constitutional right to freedom of speech when he had them removed from public meetings of the Tarrant County Commissioners Court.
A magistrate judge canceled the Aug. 28 hearing to settle Kirkland鈥檚 lawsuit, citing U.S. District Judge Mark Pittman鈥檚 decision to wait on the appeals court before further judgment.
鈥淭he related case before the Fifth Circuit is substantially similar in posture and involves the constitutionality of precisely the same county rules of decorum,鈥� Pittman wrote in an Aug. 6 court filing.
The cancellation issued Aug. 7 came three days after O鈥橦are earned state for ordering all attendees to leave the commissioners courtroom when some of them clapped after he told them not to during a public meeting. A former Tarrant County state lawmaker was arrested and out of the courtroom by sheriff deputies after continuing to speak when O鈥橦are cut off his public comments.
Grisham, an attorney and gun rights activist from Temple, alleges that O鈥橦are violated the First Amendment when the county judge had him removed from a commissioners court meeting for using in January 2025. U.S. District Judge Terry R. Means dismissed the lawsuit in April, and Grisham is appealing that decision.
Kirkland, a Fort Worth pastor, sued O鈥橦are days after the county judge had him removed from a commissioners court meeting in December 鈥� then refiled the suit in January after it was out for logistical errors. O鈥橦are had cut Kirkland鈥檚 speaking time short when the pastor on the county judge ordering attendees not to clap during the meeting.
Each lawsuit seeks $250,000 in damages.
O鈥橦are is no longer named in Kirkland鈥檚 lawsuit after Pittman granted him qualified immunity, which protects government officials from liability for civil damages as long as their conduct doesn鈥檛 violate 鈥渃learly established statutory or constitutional rights of which a reasonable person would have known,鈥� according to a 1982 Supreme Court . Pending the decision on Grisham鈥檚 case, Kirkland鈥檚 suit would move forward against the county.
Grisham told the Fort Worth Report he feels confident in his appeal 鈥渂ecause the First Amendment is probably the most litigated of all the rights.鈥� He hopes the suits鈥� outcome will deter O鈥橦are from continuing to remove people from the commissioners court and set a legal precedent for future grievances.
鈥淭he fact of the matter is, our state constitution and the federal constitution are very clear,鈥� Grisham said. 鈥淪orry, Tim, we鈥檙e allowed to criticize you. We鈥檙e allowed to criticize what you do. We鈥檙e allowed to criticize your policies. We鈥檙e allowed to criticize the government.鈥�
O鈥橦are, who is seeking reelection in , did not return a request for comment sent to his spokesperson. He is defended in-house by the Tarrant County District Attorney鈥檚 Office, which provides legal counsel to all the county鈥檚 elected officials and appointed administrators.
鈥淭he district court has paused the Kirkland case until the Fifth Circuit rules on the Grisham case, and both cases involve similar issues,鈥� District Attorney Phil Sorrells said in a statement to the Report. 鈥淏ecause any ruling in the Grisham case may affect the outcome in the Kirkland case, it is impossible to project what will happen in Kirkland.鈥�
https://fortworthreport.org/2026/02/15/free-speech-concerns-raised-as-tarrant-county-judge-removes-meeting-attendees/
Lon Burnam, the former legislator carried out of the courtroom earlier this month, faces criminal charges for disrupting the Aug. 4 commissioners court meeting. After his release from the county jail, he said he was considering a against O鈥橦are.
Podcast host EJ Carrion also left the Aug. 4 meeting after O鈥橦are cut his speaking time short. He was a week after voluntarily leaving the commissioners courtroom and also charged with disrupting the meeting.
The commissioners court鈥檚 of decorum prohibit 鈥渋mpertinent, profane, obscene or slanderous remarks,鈥� as well as 鈥渢hreatening, disruptive or unruly behavior.鈥� Actions of approval or disapproval 鈥� such as clapping, whistling or yelling 鈥� are also prohibited.
Failure to comply may result in the cancellation of a speaker鈥檚 comment time, removal from the commissioners court or a temporary ban, according to the rules.
Cecilia Lenzen is a government accountability reporter for the Fort Worth Report. Contact her at cecilia.lenzen@fortworthreport.org.
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