National Group Throws Support Behind Recall Group
A new team of attorneys is throwing its support behind Tom Brown and the group leading the recall effort against El Paso Mayor John Cook and two city representatives.
The Alliance Defense Fund, or ADF, is a legal organization committed to defending religious freedom. The ADF is taking on Tom Brown and the rest of his group on as clients in County Court at Law 3. Brown and the others are keeping their local lawyers; the ADF will act as out-of-state attorneys.
Cook filed a lawsuit against Brown and his group, alleging they violated Texas Election Code by gathering petition signatures illegally for a recall election against Cook and city council representatives Steve Ortega and Susie Byrd.
ADF attorney Joel Oster is outraged by the lawsuit. “That is something you might expect out of communist China but not in the United States of America,” he said.
The ADF has filed a motion to dismiss Cook’s lawsuit. The group has also filed a counterclaim against Cook. Oster argues the supreme court has ruled on a case, Citizens United v. Federal Election Commission, that counters Cook’s attorney’s arguments.
Oster said the recall group’s campaign against Cook is perfectly legal even if it did use a church or church-affiliated materials because it falls under the constitutional right of freedom of speech.
“Churches absolutely have the right to speak out on important issues of the day, including who are their elected officials,” said Oster.
However, Cook’s attorney maintains the lawsuit comes down to state law. Texas Election Code states it is against the law for corporations, including churches, to circulate recall election petitions.
In the ADF’s counterclaim filed Friday, attorneys argue the election code itself is unconstitutional and should not be enforced.
“A church should not be silenced simply because it is a church,” said Oster.
However, court documents filed on Cook’s behalf state, “This lawsuit is not to restrain citizens from exercising their rights, or to seek criminal sanctions. This lawsuit is to ensure that any recall election is called only after proper and strict compliance with Texas law and the ordinances of the city of El Paso.”
ABC-7 asked Oster if he perceived a difference between a pastor criticizing an elected official and that same pastor mounting a full-on recall campaign through a religious organization.
“Absolutely not, it’s the same thing,” said Oster. “It’s a freedom to petition your government for the redress of grievances, and that right extends to churches.”
ABC-7 asked John Cook’s attorney, Mark Walker, if he had any comment on the ADF’s new involvement in the case. Walker said his strategy remains the same and he will continue fighting the issue in court. The next hearing is scheduled for Wednesday.
In the meantime, Walker has asked the 8th District Court of Appeals to reconsider a request it denied earlier this week. On Tuesday, the higher court declined to reinstate a temporary restraining order to block the recall.
