Judge Denies Motion To Dismiss Cook’s Lawsuit Against Pastor, Other Recall Leaders

Attorneys on both sides of the recall efforts against Mayor John Cook and two city representatives are gearing up for another round of legal wrangling after a judge made some key decisions at a hearing Wednesday afternoon.

Cook is suing Pastor Tom Brown and others leading the recall because Cook alleges the recall group violated a Texas election code by using churches to gather recall petition signatures.

Attorneys for the recall group filed a motion to dismiss Cook’s lawsuit Friday. That motion was denied by County Court 3 Judge Javier Alavrez on Wednesday afternoon.

“The motion to dismiss was filed under a new law in Texas,” said Theresa Caballero, one of Brown’s attorneys.

That new law is the Texas Citizens Participation Act, which passed in June and is intended to protect constitutional freedom of speech.

“The judge was uncomfortable granting our motion to dismiss on this law. He said, ‘It’ll be a case of first impression. I don’t have any case law to guide me, and I don’t want to throw their lawsuit out,'” Caballero explained.

Since Brown’s attorneys brought up constitutionality in this case, Judge Alavarez said the Texas attorney general should be notified and invited to weigh in. Attorneys on both sides said in court they would collaborate with the judge to send the attorney general materials relating to this case.

In court documents, Brown’s attorneys argued Cook’s interpretation of the Texas election code in question is wrong. The code states, “A corporation or labor organization may not make a political contribution or political expenditure in connection with a recall election, including the circulation and submission of a petition to call an election.”

Brown’s attorneys did not deny Brown used his ministry, which is considered a corporation, to circulate recall petitions. However, Brown’s attorneys argued Cook’s lawsuit is “fundamentally defective” because in their eyes, Cook’s attorney did not do a good enough job explaining an unlawful political contribution or expenditure on Brown’s part.

“(Cook) is saying that the law was broken, and we’re saying, ‘How?'” said Caballero.

Judge Alvarez also wants clarification on the matter and ordered Cook’s attorney Mark Walker to ammend his client’s plea in the next ten days.

Walker did not want to speak with ABC-7 on camera following the hearing, but said, “We are very pleased with the denial of the motion to dismiss the lawsuit and are looking forward to proceeding with the rest of the case.”

The judge also denied motions on Cook’s side during Wednesday’s hearing, including a request to move the case to a different court and an attempt to stop Brown’s newest attorney, Joel Oster of the Alliance Defense Fund, from taking part in the case due to improperly prepared paperwork. The judge is allowing Oster to stay on the case.

The next hearing on this issue is scheduled for Oct. 24. Cook’s attorney is hoping to stop the recall process by requesting a temporary injunction against Brown and the other recall leaders.