A U.S. district judge has tossed out a federal lawsuit from a Fort Worth pastor claiming Tarrant County Judge Tim O'Hare violated his First Amendment rights during a public meeting in December.
The suit, filed Dec. 15 by Bishop Mark Kirkland, claimed O'Hare violated his freedom of speech and expression rights.
According to a court filing Dec. 31, the suit was dismissed because Kirkland's attorney was not based in the same district the suit was filed in. It claims Kirkland was given a notice of this requirement two weeks prior but did not file a response in time.
Requirements listed for the Texas Northern District state an attorney not residing or maintaining an office in the district must designate local legal counsel for their clients.
Kirkland requested the courts reconsider and reopen the case without his legal counsel that same day, arguing the failure to respond in time was "due largely to the holiday season, Counsel's vacation and a busy court calendar."
That request was denied Monday, according to court records, but also states Kirkland can refile the case.
CJ Grisham, Kirkland’s attorney, told KERA News Tuesday he plans to refile the case with local counsel.
“It was just a minor oversight,” Grisham said. “But it’s not fatal to the case and it’s just a small procedural hiccup.”
The suit came after Kirkland was removed from a Tarrant County Commissioners Court meeting Dec. 9. O'Hare had previously shushed residents in attendance for clapping after a speaker addressed the court during a portion of the meeting designated for public comments.
Kirkland was signed up to speak next after O'Hare quieted the attendees. Kirkland had shaken his head and said, “Lord, I live in America where people cannot clap. That is insane to me,” the suit read.
O’Hare cut Kirkland off by saying, “You can sit down if you would like to sit down,” according to the suit, and ordered Kirkland to sit down when he tried to continue talking.
The lawsuit also alleged O’Hare discriminated against Kirkland, who is Black, and was more lenient to white residents who signed up to speak.
Two sheriff’s deputies escorted Kirkland from the courtroom when he objected.
Other speakers were removed or arrested during commissioners court meetings last year. Former UTA professor Charles Hermes was arrested and charged with hindering proceedings last January when he clapped for a speaker after O’Hare warned him not to do it. The suit was later dismissed. Carolyn Rodriguez, a cop watcher on YouTube, was arrested and convicted of hindering a meeting by disorderly conduct .
Penelope Rivera is KERA's Tarrant County Accountability Reporter. Got a tip? Email Penelope Rivera at privera@kera.org.
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