Tea Party lawsuit says Brazoria officials kicked them out of courthouse

A Texas Tea Party chapter claims they're being unlawfully kicked out of the Brazoria County courthouse, and now they've filed a lawsuit to get their old stomping grounds back. Maybe they can call upon these Tea Party-approved Texans for a little help? less A Texas Tea Party chapter claims they're being unlawfully kicked out of the Brazoria County courthouse, and now they've filed a lawsuit to get their old stomping grounds back. Maybe they can call upon these Tea ... more Image 1 of / 18 Caption Close Tea Party lawsuit says Brazoria officials kicked them out of courthouse 1 / 18 Back to Gallery

A Tea Party group in Brazoria County that claims it's been kicked out of the county courthouse is suing county officials.

The suit was filed Dec. 10 in Brazoria County's 239th State District Court by the Alvin Tea Party Patriots and the Lake Jackson Tea Party.

Defendants are Brazoria County commissioners and Jeri Yenne, Brazoria County district attorney.

According to the plaintiffs' petition, the Alvin group met for more than three years in public space in the Alvin county courthouse annex.

Then, on Oct. 23, 2012, the members were told that, under a new policy approved by the Brazoria County Commissioners Court, all county structures except the county fairgrounds were to be used only for public purposes.

"Pursuant to the Texas Constitution, the county structures may not be reserved or used by any private entities or individuals," the policy states.

The petition states that Yenne, who gave the policy to the commissioners court, misinterpreted the law to harass the plaintiffs.

In an undated written response to the new policy, the Tea Party groups said they met every criterion to be allowed to use the county facilities, noting that Yenne had acknowledged they asked for no money.

Yenne's refusal to let them meet in the annex amounted to discrimination, they said in the response to the policy. "We believe that the court, once faced with the violations of the Constitution as shown, will do the right thing and allow the Tea Parties to once again use the county facilities as before and will not force the waste of county funds to defend the indefensible before a judge," states the response, which is Exhibit B in the lawsuit documents.

When the group asked again to use the annex, Yenne replied in a Jan. 3 letter that the county could not accommodate their request. Instead, she suggested they use a conference room at the Brazoria County Library in Angleton.

The group then turned to the American Center for Law and Justice in Washington, D.C., for another analysis of the policy, the suit states.

The center is part of Christian Advocates Serving Evangelism, Inc., according to its website. Its attorney, Carly Gammill, responded that the policy is unconstitutional as an impermissible content- and viewpoint-based restriction on the freedom of speech, the suit states.

The actions are impermissible, the petition states, because other political groups, such as the Alvin Area Republican Women, have been allowed to continue meeting in county facilities.

Also, the suit states, Halloween parties and other events have been permitted.

Other counties, such as Galveston County, permit Tea Parties to use county facilities, the suit states.

The plaintiffs submitted the findings of the American Center for Law and Justice to the commissioners court in May but received no answer. On Aug. 20, the group sent a demand letter to the commissioners asking that the violations of rights be corrected, the suit states.

There was no response after 60 days except from an attorney in Yenne's office, who stated "they had no more to say than what they had already said before," according to the petition.

The plaintiffs asked for a permanent injunction against the defendants and did not request a jury trial.