ADF: El Paso mayor on witch-hunt in attempt to stop recall election

WHO: ADF Senior Legal Counsel Joel Oster
WHAT: Available for media interviews after hearing in Cook v. Tom Brown Ministries
WHEN: Monday, Oct. 24, immediately following hearing, which begins at 8:30 a.m. MDT
WHERE: County Court at Law Number Three of El Paso County, 500 E. San Antonio St., 10th Floor, Room 1001, El Paso

EL PASO, Texas — Alliance Defense Fund Senior Legal Counsel Joel Oster will be available for media interviews following a hearing Monday that concerns El Paso Mayor John Cook’s attempt to stop a recall election against him and two city council members.

Cook sued Tom Brown Ministries, Word of Life Church of El Paso, El Pasoans for Traditional Family Values, and other local citizens to silence them from speaking out against the mayor’s policies that impact El Paso families. ADF, which represents the parties being attacked by Cook, filed a counterclaim against him on Oct. 7.

“Churches and ministries shouldn’t live in fear of being punished by the government for exercising their constitutionally protected right to free speech,” said Oster. “The mayor is seeking to silence those who oppose his policies because he doesn’t like their views, but that’s neither legal nor constitutional. The recall petitions were circulated and submitted in full accordance with the law, and he cannot stop the election just because he doesn’t like the fact that some groups participated in a legitimate effort that he doesn’t favor.”

In one instance, the mayor told a woman who spoke on the issue at a city council meeting, “You can take your freedom of speech outside.”

In November 2010, El Paso voters, by popular petition, placed on the ballot and passed an ordinance prohibiting unmarried domestic partner benefits. Despite this, certain members of the city council voted to rescind the ordinance passed by the voters, and the mayor approved.

In response to the council’s defiance of the people’s expressed will, a grassroots recall campaign sought to remove the mayor and council members who ignored the vote of the people. The mayor then filed suit alleging that the church violated Texas election law by circulating a petition. ADF attorneys point out that state election law contains no such prohibition and that any such prohibition would be clearly unconstitutional.

In motions filed with the court, ADF attorneys explain that “circulating a petition is core First Amendment activity. Of this right, the Supreme Court said, ‘Petition circulation…is ‘core political speech,’ because it involves ‘interactive communication concerning political change.’ First Amendment protection for such interaction…is ‘at its zenith.’”

Theresa Cabellero of El Paso is serving as local counsel in the case, Cook v. Tom Brown Ministries.