Travis County district judge blocks arrest of House Democrats as quorum break continues

Gavel

AUSTIN (Talk1370.com) -- A state district judge has blocked, at least temporarily, the possible arrest of Texas House Democrats who fled the state in order to break quorum in the Legislature's lower chamber.

The temporary restraining order was issued late Sunday night by State District Judge Brad Urrutia. It restricts Gov. Greg Abbott and House Speaker Dade Phelan from "detaining, confining or otherwise restricting" the Democrats' movement "without his or her consent."

The order would permit the House Democrats, who have spent much of the last month in the nation's capital pushing for federal voting legislation, to return home without the threat of arrest.

Urrutia said in his order that "Defendants have erroneously interpreted Texas law and legislative rules to permit the detention, confinement, or other restriction of members of the Texas House of Representatives within the State of Texas in response to a call for quorum, and that, unless Defendants are immediately restrained as set forth below, Plaintiffs will suffer imminent and irreparable harm by either the loss of liberty or the loss of real and personal property, personal, professional, and political relationships with family, friends, staff, and constituents, and mental anguish of being separated from home."

In addition to Abbott and Phelan, the order also applies to the Texas House sergeant-at-arms, the Texas Department of Public Safety, Texas Rangers, Capitol police and other law enforcement agencies.

Urrutia's order will last for 14 days; a hearing has been scheduled for August 20 on whether a temporary injunction is warranted in the case.

19 House Democrats are listed as plaintiffs on the petition filed in the 261st District Court, including State Rep. Gina Hinojosa (D-Austin), Rep. Trey Martinez (D-San Antonio) and Rep. Jasmine Crockett (D-Dallas).

“Angry Republican threats to dispatch troopers to arrest, cuff, shackle, drag in, and cabin duly-elected lawmakers isn’t just meant to chill our speech and impair our ability to represent our districts; it has left our families, friends, and neighbors anxious for our wellbeing and safety,” Hinojosa said in a statement Monday morning.