 The U.S. District Court for the Western District of Texas, Pecos Division, on July 28 granted a motion by Texas Attorney General Greg Abbott and the State of Texas to dismiss Alpine, Pflugerville, Rockport and Wichita Falls from a lawsuit those four cities and 17 individuals filed in hopes of decriminalizing certain violations of the Texas Open Meetings Act.
The plaintiffs claimed their constitutional right to free speech was compromised by the Texas Open Meetings Act's prohibition against the discussing of public business outside of a properly noticed meeting.
Texas Press Association, Texas Daily Newspaper Association, Freedom of Information Foundation of Texas and Texas Association of Broadcasters supported the Attorney General's motion in the case.
In his order granting Attorney General Greg Abbott's motion to dismiss, U.S. District Judge Robert Junell concluded that because plaintiff cities have no intrinsic First Amendment rights, no ability to sue the state on the stated grounds, and therefore no standing to bring the lawsuit, the court has no jurisdiction over the cities' claim of infringement.
Link to ORDER GRANTING DEFENDANTS' MOTION TO DISMISS CITIES AS PLAINTIFFS
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