The Examiner’s publisher, Jordan Buckley, attends the hearing over magistration access at the 5th Circuit Court of Appeals in New Orleans alongside our legal team from the Knight First Amendment Institute at Columbia University and the Deason Criminal Justice Reform Center. Photo by Nate Fennell.

This month we will learn if Caldwell County – perhaps the most likely prospect of anywhere in Texas this cycle – might flip its Commissioners Court: from a 4-1 Republican stronghold to a 3-2 majority for the Democrats. In the meantime, some other news:

Disaster Declaration

What began as a story in our September edition – spotlighting false and racist language in a State of Disaster declaration passed by Commissioners in 2022 – expanded into a larger movement to call on the county to rescind the anti-immigrant proclamation, with articles on the controversy gracing covers of both the Lockhart Post-Register and Luling Newsboy & Signal.

Several dozen Texas counties, in a partisan effort to support Gov. Abbott’s cruel campaign against immigrants, Operation Lone Star, have passed similarly hyperbolic and dishonest proclamations.

State Rep. Stan Gerdes devoted serious time and campaign funds to fight the repeal of the disaster declaration: publishing a lengthy letter to the editor in the Post-Register, taking out ads on social media and dispatching mass text messages to local Republicans urging them to show up to Commissioners Court to defend it.

An altered version of the disaster declaration – striking its most egregiously racist language about immigrants spreading disease and committing crime – was placed on the Oct 8. agenda. The Examiner likened it to lipstick on a pig: At its core, proclaiming Caldwell County is in a state of disaster due to the presence of foreign-born residents remains racist.

Nonetheless, every white member of Commissioners Court voted to approve it while Commissioner Dyral Thomas refused, citing a lack of statistics to justify the resolution’s claims – and also a lack of disaster.

Sulma Franco, a county resident who moved from Guatemala to flee violence, told KXAN, “It’s a true example of the hatred they have toward the immigrant community; a sample of the racism that exists within people.”

If Taylor Burge and Mickey Zapata – both of whom denounced the disaster declaration in our September issue – win their elections, Caldwell could feasibly become the first county in Texas to repeal its disaster declarations.

Arrest Warrant Issued for Violent White Supremacist

District Attorney Fred Weber tells the Examiner he has issued an arrest warrant for a second associate of the Aryan Brotherhood of Texas (ABT) stemming from an attack on a multiracial family in June outside of Don’s Fish Camp in Martindale.

Cameron Christopher Gerros faces a Class A charge for Assault. 

An explosive exposé by Texas Observer and Bellingcat (in which the Examiner was credited for research contributions) identified Gerrow as a likely member of ABT’s Motorcycle Club. Footage of the brutality shows Gerrow appearing to run into the group of victims, punching and knocking them into the water.

Although he previously declined to confirm his ABT membership, Gerrow has a tattoo on his stomach of a swastika and SS lightning bolts. 

Weber told the Examiner he might recall the warrant and issue a summons instead.

Federal Magistration Lawsuit

In October, the Examiner headed to Louisiana to attend opening statements in the 5th Circuit Court of Appeals concerning our lawsuit against Caldwell County’s unconstitutional policy that bans the public and press from magistration proceedings – where bail is set for those accused of crime.

On December 12, a preliminary injunction hearing was held before U.S. District Judge Robert Pitman, who ruled in our favor less than a month later.

He ordered the defendants to open all magistration hearings by March 4 and to give the press and public advance notice.

The defendants appealed that decision, taking us to New Orleans last month.

“Texans have the right – and the responsibility – to witness what happens in their courts, especially when the stakes involve people’s freedom. We feel confident that the 5th Circuit will agree that the Constitution requires that magistrates be open for everyone to see,” said Camilla Hsu, one of our attorneys with the Deason Criminal Justice Reform Center at Southern Methodist University.

As of press time, a ruling has not yet been rendered.