This involves the signs that are at some of the public offices in the public Somervell County Annex building. Wrote about them here and here and here
This is a two-part issue. The first issue is freedom of speech rights. The second is that Texas is a one-party consent state.
Added to this is that this does not violate any particular law to *record past this point*, nor is there any penalty, so why obey a sign that has no teeth? That is, in fact, why Sheriff Alan West told me that he was going to go talk to Danny Chambers and ask him to remove the signs. I do not know whether West can do it himself, probably not since he’s ASKING Danny, but certainly why have a sign that violates Texas law and the US Constitution on the wall that has no backing?
Trey Brown apparently feels strongly that he does not have to cite any law for this paper sign he gave out for some to put outside their office. Seems to me that just sticking up a printed piece of paper without being able to legally explain, especially since he is the Somervell County Attorney, is not only a good idea but required. Why should anyone follow a directive that appears to be his personal opinion? I had wondered this so I,on two different occasions, spoke with Sheriff Alan West about it, once in person and once on the phone. I basically wanted to know, if there is no law about this that is violated, could I be arrested anyway for doing it? I give the example here of the Sheriff Logs I occasionally get that show the laws that are cited when, say, someone gets arrested for something, ie, the police can’t simply arrest you just because. West told me that without a specific law, that the sheriff’s department would do nothing such as an arrest. He further told me that he was going to speak to Judge Danny Chambers to suggest he remove the signs. That makes sense to me, because why have up a sign that no one has to pay any attention to and does not describe anything illegal.
What surprised me is this morning I got an email from Trey saying
I have no requirement to sight [SIC]you anything. You are free to disagree all you would like. Please feel free to file a lawsuit at any point in the future. I will be happy to defend my position in court.
At no time did I say in any email that I was planning to sue over this. I frankly find it disturbing that he went right to this “feel free to file a lawsuit”. So, HE is the one suggesting that I sue. Do the taxpaying citizens of Glen Rose want their County Attorney to encourage people to sue and possibly waste their money on frivolity? I actually think that if Trey believes he is correct, then he has to take the steps to stop people from violating the paper order sans any law that he gave out.
I told him
Just to be clear. I am not threatening a lawsuit, you are the one bringing that up. What I did want to do, and Alan West has confirmed this for me twice, is ask whether this sign, which cites no law and no penalty, is something a citizen need obey and he said no. Should the Somervell County Sheriff’s Department be called about a supposed infraction, since there is no law being broken, he said the Sheriff’s Department will take no action. He further told me that he was going to speak to Danny and recommend that the signs be taken down.
Trey then wrote back and keep in mind that ANY CITIZEN can ask PUBLIC OFFICIALS about our government that we wish to know about. He mistakes, in my opinion, a public office with a private office, and just because he had a purpose about sensitive information DOES NOT MAKE IT LEGAL OR HAVING TO BE FOLLOWED. Would he require that NO ONE go into a commissioners office or any other public office that has the door open? I mean, after all, anyone walking in, even without recording, can LOOK WITH THEIR EYES and see content on people’s desks. (Adding, as I have before, that that does not mean someone coming in can go root around in the desk or filing cabinet etc, just what can be seen with the naked eye)
I make a big deal out of this because the law and US constitution are at odds with that Trey wants. Then, strangely, he says “IF” Alan told you…. what? He doesn’t believe what I said? He’s insinuating I am lying? He did not bother, apparently to ask Alan. Isn’t Alan the Sheriff of the entire Somervell County with enforcement action over all public buildings????
No one ever said it was a criminal law. But if a person tried or does record in a private officer where sensitive information is contained that person can be asked to leave or not take their cell phone into that office to ensure nothing private is recorded. That is the purpose of the signs. I have no idea why you are making such a big deal out of this. If Alan told you these things please remember he enforces the criminal law in the County. He can come and speak with us about the signs but he has no authority over what is posted in the Annex, unless, it is a crime.
I wrote back. The cogent part is I expressed surprise that he could invite me, a citizen, to file a lawsuit against the county JUST BECAUSE I WANTED TO KNOW WHAT HE WOULD NOT VERIFY. Do Somervell Citizens want their County Attorney to take on lawsuits that they ask people to bring? Seems to me it would be a better idea to be reactive, that IF someone wanted to sue, that person(s) would do so and then the county would answer. I do not understand it, doesn’t that suggestion potentially take out hard earned tax money from the coffers or is he perhaps sure that I would not bring on a lawsuit and is taunting me? Anyway, I find that, at best, surprising.
On that last. That is why, I’m sure, West told me he was going to suggest to Danny that the signs be taken down. At any rate, done repeating myself about why the signs are invalid and have no teeth, and can be ignored. I find it surprising that you would go to the lengths of inviting a citizen to file a lawsuit against the county, when there is zip wrong with asking about the legality of the signs.
Not wishing to argue back and forth about this, but I believe you are almost completely in the wrong.
I decided to do some recordings in the offices that have those signs. Pretty much everybody was not in the office this afternoon (Friday, after lunch) but Christy of the Elections office was. Her door was open, she was inside, I walked in and recorded, with my iphone. Now, her office is always open that I have seen (maybe she closes the door if she goes to lunch) but it is because it is a PUBLIC office where anyone that wants to register to vote or check their registration or other related tasks, can WALK INTO THE OFFICE and talk with Christy.
Wade Busch at Commissioners Office
Judges Office
