A Texas sheriff said in a now-deleted Facebook post that he could bring disorderly conduct charges against Karen Fonseca her massive "Fuck Trump" sticker. She has now added his name to the back of her truck.





Facebook Karen Fonseca and her husband with their newly-updated truck.

A Texas woman who sparked a heated debate about free speech is now considering filing a civil rights lawsuit against a sheriff who called her out on Facebook for her massive "Fuck Trump" truck decal. She has also since updated the decal to include the phrase "Fuck Troy Nehls," the sheriff. Karen Fonseca, who lives in Houston, says she is used to getting pulled over for her giant, white sticker that boldly reads: "FUCK TRUMP AND FUCK YOU FOR VOTING FOR HIM." But on Monday, days after Fort Bend County Sheriff Troy Nehls showed up at her door and arrested her on an outstanding warrant, the 46-year-old says she feels her rights were violated. "He messed with the wrong person," she said at a press conference on Monday, referring to Nehls, who in a now-deleted Facebook post said he was considering filing disorderly conduct charges against her for the Trump decal.

The day after Nehls posted the photo of her truck, Fonseca was arrested for possession and use of a fake identification in 2014, jail records show. She was released on a $1,500 bond later that evening.

A spokeswoman for the Fort Bend County Sheriff's office told BuzzFeed News that it received a tip last Wednesday "that there was an outstanding felony warrant" for the driver. Fonseca said that she and her husband ordered the decal 11 months ago, telling reporters that was her and her husband's opinion and they "wanted to make a statement." Flanked by her attorney, the mother of 12 said the sheriff "didn't think twice when he put me on blast on Facebook and involved my whole family...to gain some votes." "People back down and don’t want to stand for what they believe in. That's why we are in the world we are in today," she continued, noting that she and her husband added the "Yeah..." and "Fuck Troy Nehls" portion of the decal after she got out of jail.

On Nov. 15, Nehls ignited a viral, heated debate about free speech after he posted a photo of the truck on Facebook, stating that he had "received numerous calls regarding the offensive display on this truck" and wanted to discuss it with the driver. Nehls said the local prosecutor would be "willing to accept disorderly conduct charges regarding it."

Facebook screenshot

The post swept across social media, garnering more than 10,000 comments from people either chastising the sheriff for infringing upon free speech, or the truck driver for such an incendiary message. "I voted for Trump. Fuck this sheriff. The first amendment applies to ALL Americans! I hope the truck owner sues the pants off of this clown," one person wrote. "Using a badge to intimidate people of different political persuasions is a disgrace to the office he holds, and he should be removed."

"I've seen this truck, and I would (be) pleased if the owner of this vehicle was prosecuted for disorderly conduct. My children saw this, and I was infuriated they were subjected to this offensive display," another said. When asked what legal grounds the sheriff had to charge the driver, Nehls responded with a screenshot of Texas' definition of disorderly conduct: "A person uses abusive, indecent, profane, or vulgar language in a public place, and the language by its very utterance tends to incite an immediate breach of the peace."

District Attorney John Healey told the Houston Chronicle that he disagreed with the sheriff and his own prosecutor, saying that he did not "believe it was a prosecutable case based on the definition of disorderly conduct." Nehls later deleted his Facebook post due to "hate messages he has been receiving towards his wife and children," the sheriff's office said in a statement.

“The objective of the post was to find the owner/driver of the truck and have a conversation with them in order to prevent a potential altercation between the truck driver and those offended by the message,” the office said. “Since the owner of the truck has been identified, the Sheriff took down the post. Due to the hate messages he has been receiving towards his wife and children, the Sheriff will not be commenting on the matter further.”

After the post ignited controversy, Nehls called a press conference Wednesday evening to explain and defend his position. While he said he supports freedom of speech, he expressed concern that the "Fuck you for voting for him" portion of the sticker "targeted individuals." "That's the fine line we have here because anyone traveling down the road behind them and then they see that truck and they voted for him, that's where you can see a breach in the peace," the sheriff said. Nehls also walked back his threat against Fonseca, saying that his office has "not threatened anybody with arrest. We have not written any citations." His office confirmed to BuzzFeed News on Thursday evening that it will not be charging the 46-year-old with disorderly conduct. Brian Middleton, Fonseca's attorney, called the post an "abuse of authority. "It is protected speech," he explained. "Anyone who has a sticker like that is within their rights. He acted like a cyber bully and threatened her with prosecution." The American Civil Liberties Union also weighed in on the debate, telling the sheriff on Facebook that it's "Constitutional Law 101: You can't ban speech just because it has 'f@ck' in it. Hey truck owner, feel free to contact the ACLU of Texas."