A U.S. Fifth Circuit Court of Appeals will soon decide whether two separate lawsuits alleging First Amendment violations can proceed against Tarrant County and its elected judge, Tim O’Hare.
Background of the lawsuits
Pastor Mark Kirkland, a Fort Worth pastor, filed a suit in January after being removed from a Tarrant County Commissioners Court meeting for commenting on the judge’s ban on clapping. The case was paused while the appeals court considers a related suit filed by attorney and gun‑rights activist CJ Grisham.
Grisham, who represents a former state lawmaker, alleges O’Hare violated the First Amendment when the judge ordered him removed for using profanity during a January 2025 meeting. A district judge dismissed that case in April, and Grisham is now appealing.
Current procedural status
A magistrate judge cancelled the August 28 hearing on Kirkland’s suit, citing U.S. District Judge Mark Pittman’s decision to wait for the appellate ruling before moving forward. Pittman noted that the pending Fifth Circuit case is “substantially similar in posture” and involves the same county decorum rules.
Both lawsuits seek $250,000 in damages. Kirkland’s complaint no longer names O’Hare after Judge Pittman granted the judge qualified immunity, which shields officials from civil liability unless they violate clearly established constitutional rights.
Implications for county governance
Grisham told the Fort Worth Report he is confident in his appeal, saying the First Amendment is “probably the most litigated of all the rights.” He hopes the outcome will deter O’Hare from removing speakers and set a legal precedent for future grievances.
O’Hare, who is running for re‑election in November, has not responded to requests for comment. He is represented by the Tarrant County District Attorney’s Office, which provides counsel to all elected county officials.
County decorum rules
The Commissioners Court’s rules prohibit “impertinent, profane, obscene or slanderous remarks” and ban “threatening, disruptive or unruly behavior.” Actions such as clapping, whistling, or yelling are also prohibited and may result in a speaker’s comment time being cancelled, removal from the courtroom, or a temporary ban.
Former state legislator Lon Burnam, who was carried out of the August 4 meeting, now faces criminal charges for disrupting the session and is considering a separate lawsuit. Podcast host EJ Carrion, also removed from the meeting, was arrested a week later for a similar charge.
The pending appellate decision will clarify whether the county’s decorum rules infringe on constitutional free‑speech rights, affecting how public meetings are conducted across Tarrant County.
Original reporting: Fort Worth Report — read the source article.
