FORT WORTH
A federal judge has ruled that Tarrant County College violated the First Amendment rights of two students when it prohibited their attempts to stage empty-holster protests last fall.
U.S. District Judge Terry R. Means permanently enjoined TCC Chancellor Erma Johnson Hadley and the college from blocking empty-holster protests on campus, including in the classroom.
Further, Means said the college's co-sponsorship provision, limiting students' ability to invite outside organizations onto the campus, "broadly prohibits any speech by students that involves an off-campus organization."
Means added that the co-sponsorship provision "prohibits students from the most basic forms of expressive activity -- distribution of literature, use of signs and even assembly -- based on no more than the fact that the expression might depend on an off-campus organization for planning or management."
The case arose after TCC blocked a request to stage an empty-holster protest by students Clayton Smith and John Schwertz Jr. last November on the TCC Northeast Campus. The ruling allows the students to seek attorney's fees from the college.
The two students, with the help of the American Civil Liberties Union, filed suit against TCC. The protests advocated a change in state law to allow licensed concealed handgun owners to bring their guns onto campus. But the lawsuit and subsequent trial came to be viewed as a debate over free speech rather than gun rights.
Public safety issue
"We're really pleased with Judge Mean's opinion," said ACLU attorney Lisa Graybill. "The ruling permanently enjoins Ms. Hadley from stopping these protests. They're going to be able to wear their holsters in the classroom."
Smith, who was still reviewing the ruling, declined comment until he could consult with his attorneys.
Last fall, Means issued a temporary injunction allowing the empty-holster protests to go forward. They were held on the Northeast Campus and South Campus and no problems were reported.
After the lawsuit was filed, TCC revised its student handbook to allow empty-holster protests in public areas on campus but barred them in classrooms and hallways, saying that they would be disruptive. During the trial in January, Hadley testified that she worried the protests could frighten students or even allow another student to use the protests as cover for bringing a weapon onto campus.
Hadley wasn't available for comment Monday, but TCC attorney Angela Robinson said the college wasn't surprised by Means' ruling.
"The college approached this from a safety issue; the plaintiffs approached this as a First Amendment issue," Robinson said. "The court issued a very detailed opinion and it did strike a fair balance to both sides."
Marketplace of ideas
The empty-holster protests began being held at campuses across the country after the 2007 Virginia Tech shooting. TCC denied empty-holster protests in April 2008 and April 2009 and limited any protest to designated free-speech zones.
Another protest is scheduled for April and both Smith and Schwertz have said they plan to participate.
Even though Smith, now a student at the University of Texas at Arlington, will be allowed to participate, Means did not rule on the issue of whether off-campus visitors can participate in the protests. Since the college still considers Smith a student, Means said the plaintiffs have no standing on that issue.
During the trial, Means recalled dealing with volatile protests on the SMU campus as student body president that were allowed to take place with the assistance of the administration. In his ruling, Means expressed frustration that TCC did not seem to embrace the idea that a campus is "a marketplace of ideas" for its students.
BILL HANNA, 817-390-7698
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Lawmakers in firearm-friendly Texas are embroiled in a debate over how to make the state Capitol safer: get rid of guns or encourage even more.
The discussion comes after a man last month fired several shots on the steps of the towering Capitol in Austin. State troopers tackled him and no one was wounded, but the incident spotlighted a predicament for lawmakers in a state where carrying handguns is not only legal but largely cherished.
Lawmakers, some of whom regularly show up for work armed, have to sort through an array of safety options. They range from prohibiting guns in the Capitol, making everyone who steps into the building go through a metal detector, to exempting those who have a license to carry a concealed weapon. Or lawmakers could stick with current safety procedures, which permit unfettered access to all areas of the Capitol when the legislature isn't in session, effectively allowing access to people carrying guns.
Gov. Rick Perry, a concealed-weapon licensee himself who was endorsed by the National Rifle Association in his bid for re-election, is of the view that lawful gun-carrying Texans deter criminals from drawing their weapons for fear of being outnumbered. "The last thing I want is for the Texas Capitol to turn into DFW Airport," he said at a recent news conference.
But others question whether civilians' right to carry firearms should extend to the seat of state government, which is visited daily by thousands of tourists and citizens with legislative business, some of whom who aren't always happy about lawmakers' decisions.
State Rep. Eddie Rodriguez, a Democrat from Austin, favors banning the guns at the Capitol. "If you ask me point blank, I'll have to say we should not compromise on this issue," he said.
When construction of the Capitol was finished in 1888, those who entered were subject to a law dating from the turbulent post Civil-War era that banned from practically all pubic establishments an assortment of weapons, including guns, sword-canes, spears, brass-knuckles, bowie knives "or any other kind of a knife manufactured and sold for the purpose of offense and defense."
But in 1995, then-Gov. George W. Bush signed a bill that allowed anyone who was cleared by a background check and took a course, among other requirements, to carry a concealed weapon in a variety of places, including the Capitol. More recently however, a rule was put in place that requires visitors who want to witness lawmakers in action from the galleries to go through a metal detector.
On Jan. 21, 24-year-old Fausto Cardenas entered the building looking to meet privately with staff at the office of state Sen. Dan Patrick, a Republican who represents the Houston area. After his request was denied, he exited the Capitol and fired.
The Texas Rangers, a division of the state police force, are investigating the incident, but a spokeswoman said Mr. Cardenas isn't among the 381,000 Texans who hold a concealed-carry license.
Reaction was prompt—and divided. Mr. Patrick suggested installing metal detectors, but allowing lawful gun-carriers such as him to skirt them by showing their license. Another idea: the state could let frequent visitors such as legislators, state employees and the media bypass the detectors.
"Some people outside of Texas may have this view that we're a gun-toting society; we're not," said Mr. Patrick, who believes licensees provide an added layer of security due to their training. "We're a state that has responsible gun owners."
Mr. Rodriguez believes security should be left to police. Armed volunteers could do more harm than help by confusing security officers if they pull out a weapon to defuse a dangerous situation, he said. "Who's going to know who's the good guy and who's the bad guy?"
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GRAYSON COUNTY TX-- A new Bill being introduced by Congressman Dan Boren is aimed at protecting the rights of sportsmen to have access to Federal land.
A new bill introduced by Congressman Dan Boren wants to increase the amount of federal lands that are open for the public to hunt on, at Hagerman wildlife refuge that is already the case where people are allowed to hunt a few times a year .
The 17 square mile Hagerman Wildlife Refuge is just a small piece of federally owned land in Texoma.
The Recreational Fishing and Hunting Heritage and Opportunities Act, would ensure that federal land managers include provisions to allow for outdoor recreation on Public property.
The bill would also prevent Public lands from being closed to hunters unless prior notice is given.
"It contains a provision called the open until closed approach so we can keep lands open to the public as much as possible," said Congressman Dan Boren.
While the main priority of the refuge is to protect wildlife, Hagerman Assistant Manager Rick Cantu says they are exploring ways to allow more hunting on the refuge in the future.
"If there is any possibility that we can open up future hunts, we will be looking in to those," said Cantu.
While the main thrust of the Bill is to preserve the people's rights to hunt on the peoples land, opening up more federal property would also drive down to cost of what has become a very expensive sport.
"We have got to have a sport that is open not just for those that can afford it, but for everybody," said Congressman Boren.
No word on when that bill is expected to come to a vote, but Congressman Boren believes it will pass.
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GEORGE WEST — Residents of a subdivision near Swinney Switch overwhelmingly spoke against banning shooting in their subdivision at a public hearing Thursday.
Live Oak County commissioners are gathering input about a possible recreational shooting ban in the Lake Meadows Subdivision after some residents complained about two men practicing target shooting in their yards.
A dozen residents spoke against the ban, saying they didn’t want to lose the liberty to shoot a gun and the shooters in their subdivision are safe.
“I’ve grown up shooting all my life,” said subdivision resident Charles Elliott Jr. “I raised my kids, my grandkids even, they still come out there. They’ve never been afraid.”
Four residents spoke for the ban, expressing worry that their families could be hit by a stray bullet or ricochet.
“This is something in Lake Meadows Subdivision that doesn’t just involve one or two people,” resident Cathy Whitus said. “It involves all of us.”
It was unclear Thursday whether the proposed ban would be placed on a Commissioners Court agenda for a vote.
The meeting, which drew more than 50 residents, was at turns contentious and sentimental.
“If, every time something goes wrong, we have to have a Commissioners Court meeting about it, we’re probably going in the wrong direction as neighbors anyway,” David Creglow said. “I remember a time when we used to talk to each other.”
Counties are allowed under Texas law to ban shooting in subdivisions in unincorporated areas that contain lots of 10 acres or less. The regulation could not extend to subdivisions with larger lots or in more rural areas in Live Oak
County, a well-known hunting haven.
Shooting has been a contentious issue in Lake Meadows, where one couple sued two neighbors for shooting at target berms in their yards. Sparkey and Jan Osborn said they worried for the safety of their grandchildren and themselves when their neighbors were shooting.
Those neighbors, John Valentine and Herman Herrada, said they both have extensive firearms training, their berms are safe and there’s no way for a bullet to ricochet and hit near the Osborn home.
That lawsuit was dismissed because of the statute of limitations, but the Osborns continued to push for a law that would ban shooting in Live Oak County subdivisions. The county now is looking only at Lake Meadows.
The Osborns, Valentines and Herradas all attended the meeting Thursday.
Several residents who spoke against the regulation also said they disagreed with the county’s approach of singling out one subdivision.
State law is not clear whether county regulations must cover subdivisions in the entire county or if certain subdivisions can be singled out. Texas Association of Counties staff could find no case law or Attorney General’s opinions clarifying the issue.
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Increasing number of people receive concealed handgun license
By Lucretia Cardenas
Updated: 10.19.09
The demand for concealed handgun licenses is on the upswing, and a local police department is meeting the need to teach people how to exercise their right responsibly.
The trend is widespread across Texas, and most people are attributing the increase to the presidential election of Barack Obama because people started fearing their right to bear arms may be limited under the new administration.
Beginning in December 2008, the Texas Department of Public Safety started receiving an unprecedented number of applications of concealed handgun permits, said Tom Vinger, assistant chief of DPS media relations. During the first six months of 2009, DPS received an average of 12,700 applications per month, which is 46 percent more than the average for the first six months of 2008, which was 8,700.
Montgomery County is no different than the rest of the state. The state granted 1,892 CHLs to county residents between Sept. 1, 2007, and Aug. 31, 2008. For the same period from 2008 to 2009, with two months to go, 2,464 have been granted to residents, which is a 30 percent increase.The Oak Ridge North Police Department started receiving questions from residents earlier this year about where they could receive CHL classes. In an effort to help them exercise their right, the ORN City Council gave the Police Department permission to begin classes.
Four residents attended the September class, and 10 completed the October class. The next class runs Nov. 12-14 and costs $10. Students are required to provide their own handgun and be familiar with gun safety, maintenance and operation.
Oak Ridge North Police Chief Andy Walters recognizes that offering the course is not common practice among police departments, but to him, it makes perfect sense.
“I have a deep-seated belief that people should exercise their right responsibly, and who better to help them do it than the police department?” Walters said.
The demand in late 2008 caused Carter’s Country in Spring to begin holding two classes a week instead of just one, said Bruce Gilchrist, who has taught CHL classes for 14 years. The double classes, each with 25-30 people, lasted until May, when attendance began to decrease due to summer vacations. With school back in session, the class remains full, but only one is offered a week.
“I don’t think the interest has died down as much as economics are playing a role now,” Gilchrist said.
He believes the increase is related to the uncertainty of government policies in relation to gun rights and increases in crime, as well as the media coverage of violent crimes. The Montgomery County Sheriff’s Office call statistics show that more robbery calls have come in from January to September than came in during the full 12 months of 2008 and 2007. Burglary calls also have increased, averaging 464 calls per month in 2009 compared with 387 per month in 2007 and 369 per month in 2008.
Gilchrist also sees more women and elderly individuals interested in receiving a CHL.
Gun Emporium manager John Shadbolt agrees, saying those who are most vulnerable want to be able to protect themselves.
Gun Emporium, in Conroe, also saw an increase in late 2008 and early 2009, so much so it had a waiting list three weeks out for its weekly class and started requiring a deposit.
“We’re getting a lot more calls from people who want to know about the course and what it entails,” said Emmett Kelly, owner of the Gun Emporium.
On Monday, Magnolia resident Scott Woods was at the shop signing up for a class, feeling it’s time he get his CHL.
“I’ve been wanting to take the C-H course for a long time,” Woods said. “I kept putting it off, but now I want to go ahead and get it scheduled.”
After people finish a certified course, they send their completion certificate and application to DPS, which will conduct a background check and determine whether the person is allowed to receive a CHL.
Walters encourages qualified people to exercise their right to bear arms, saying it’s just like any right and people should take advantage of their rights.
Sen. Kay Bailey Hutchison and Gov. Rick Perry both support gun ownership rights. They will square off in the GOP primary for governor in March.
Hutchison plans to weigh in on an upcoming U.S. Supreme Court case by helping lead a bipartisan group from Congress in filing a legal brief urging the court to rule gun ownership is an individual right that applies at the state and local levels, in addition to the federal level.
Representatives of both candidates say they own rifles and handguns and that they are hunters.
Perry’s spokesman, Mark Miner, said the governor has a Texas license to carry a concealed handgun. The senator’s spokeswoman, Jennifer Baker, said Hutchison does not.
Miner said the governor has always been a strong defender of the Second Amendment, which addresses the right to bear arms. He said Perry, also a National Rifle Association backer, supported the legislation allowing Texans to carry concealed handguns and in 2007 signed the state’s so-called castle doctrine law allowing individuals more legal rights to shoot to kill if someone breaks into their home, car or business. It was the first bill Perry signed into law that year.
Perry also signed a law in 2007 closing off public access to records showing who has concealed handgun licenses – something open government advocates fought. Hutchison said she agrees with that law blocking the records from public view.
For more information about obtaining a CHL, visit www.txdps.state.tx.us/administration/crime_records/chl/chlsindex.htm. A list of certified instructors in each ZIP code is on the site. For more information about Oak Ridge North’s classes, call (832) 381-3223.
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