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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsTexas Democrat Sues After Republicans Lock Her In Capitol
Collier is a very strong attorney with a great reputation. This will be a fun lawsuit to watch
https://www.huffpost.com/entry/nicole-collier-texas-redistricting-lawsuit_n_68a4bb2fe4b028ce77545b20
Collier, a Democrat representing Fort Worth, is one of over 50 Texas Democratic legislators who fled the state on Aug. 3 to block Republicans from enacting a new congressional map at President Donald Trumps urging to create five new GOP seats ahead of the 2026 midterm elections.
Most of the Democrats who fled the state returned Monday and quickly faced retaliation from Republicans. Texas House Speaker Dustin Burrows, a Republican, required each Democratic legislator to sign a permission slip agreeing to have a 24-hour police escort to ensure they attended votes regarding the new map. The House is scheduled to reconvene on Wednesday. Collier refused to sign the slip and was subsequently locked on the House floor with armed guards keeping her there.
Representative Collier has been informed that she is not free to leave the Capitol, the lawsuit states. Chairman of the Committee on House Administration Charlie Geren informed Representative Collier, If you leave the Capitol you are subject to arrest.
Colliers suit argues this is effectively an illegal confinement. Burrows does not have the power to compel any Texas citizen or any elected official into preemptive custody, her suit argues.
spooky3
(38,227 posts)Response to spooky3 (Reply #1)
Midnight Writer This message was self-deleted by its author.
a kennedy
(35,197 posts)LetMyPeopleVote
(174,379 posts)Figarosmom
(9,650 posts)AllaN01Bear
(28,491 posts)PatSeg
(51,975 posts)There is absolutely no way that this is legal, but these days, it seems laws are optional if you're a republican.
UTUSN
(76,716 posts)James48
(5,076 posts)Under Texas law, Title 5, Section 20.02 through 04, holding her is aggravated kidnapping, a felony.,
Sec. 20.02. UNLAWFUL RESTRAINT. (a) A person commits an offense if he intentionally or knowingly restrains another person.
(b) It is an affirmative defense to prosecution under this section that:
(1) the person restrained was a child younger than 14 years of age;
(2) the actor was a relative of the child; and
(3) the actor's sole intent was to assume lawful control of the child.
(c) An offense under this section is a Class A misdemeanor, except that the offense is:
(1) a state jail felony if the person restrained was a child younger than 17 years of age;
(2) a felony of the third degree if:
(A) the actor recklessly exposes the victim to a substantial risk of serious bodily injury;
(B) the actor restrains an individual the actor knows is a public servant while the public servant is lawfully discharging an official duty or in retaliation or on account of an exercise of official power or performance of an official duty as a public servant; or
(C) the actor, while in custody or committed to a civil commitment facility, restrains any other person; or
(3) notwithstanding Subdivision (2)(B), a felony of the second degree if the actor restrains an individual the actor knows is a peace officer or judge while the officer or judge is lawfully discharging an official duty or in retaliation or on account of an exercise of official power or performance of an official duty as a peace officer or judge.
(d) It is no offense to detain or move another under this section when it is for the purpose of effecting a lawful arrest or detaining an individual lawfully arrested.
FBaggins
(28,613 posts)That works if you're a sovereign citizen... but not so much otherwise.
The state supreme court ruled the last time we went through this that quorum busters could be arrested and physically forced to be in the chamber... the only question here is whether that changes if there's a new session of the legislature in between the absence and the current restraint.
malaise
(292,298 posts)Rec
Cha
(316,456 posts)Mahalo to you & Rep Collier for being a Dem!
