A lawsuit filed by Texas Attorney General Ken Paxton Tuesday alleges that the Memorial Hermann Hospital System has restricted off duty peace officers from entering certain facilities with firearms since 2022.
The lawsuit references nine incidents since that year when off duty officers were prohibited from carrying their weapons inside of hospitals, emergency rooms and urgent care facilities.
An article in the Texas Code of Criminal Procedure states that certain establishments serving the public that restrict a peace officer from carrying authorized weapons are subject to a civil penalty of $1,000 for each violation. Establishments that serve the public include hotels, motels or other places of lodging, retail businesses, sports venues and “any other place of public accommodation.” The article does not specifically reference hospitals.
The lawsuit defines Memorial Hermann as an establishment serving the public because it is a business or other commercial establishment to which the general public is invited.
“Plaintiff has as statutory right to an award of penalties,” according to the lawsuit. “Defendants have shown a continued disregard for state law, which is prejudicial to the state’s interest in protecting the public from criminal activity and harm. Irreparable injury to Texas citizens, persons and property is threatened, irrespective of the imposition of penalties against the defendants.”
The Memorial Hermann Hospital System on Wednesday declined to comment on the litigation.
On Feb. 9, 2023, Paxton sent letters to the hospital system demanding the facilities comply with the state’s gun laws. Lawyers representing the Memorial Hermann Hospital System sent a responsive letter indicating they would comply, according to the lawsuit.
On Aug. 14, 2023, off duty officer Joe Rosas was prohibited from taking his firearm into an emergency room. The lawsuit asserts Rosas was told that Memorial Hermann’s policy only allows on duty peace officers to carry weapons on the property. On Sept. 13 that year, another off duty officer was prohibited from carrying her firearm into an emergency room in Humble, prompting her to submit a complaint.
The move imitates several legal efforts carried out by the Office of the Attorney General targeting firearm restrictions. For months, Paxton earlier this year led a long-running battle against the State Fair of Texas for their restrictions on firearms in the fairgrounds. That prompted three other fairgoers to file separate lawsuits against the city of Dallas and the state fair.
“Texas law must be respected to ensure the safety and well-being of our citizens,” Paxton said in a press release about similar legal efforts. “Criminal activity can occur at any time and any place. Peace officers are often well-position to prevent and suppress crime, even when they are out of uniform and off duty.”
