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Honorable Judge Glen Whitley ID: LSG-2017-0003

County Judge

100 East Weatherford Street

Fort Worth, Texas 76196

gwhitley@tarrantcounty.com

Sent via: Electronic mail

July 27th, 2017

Re: Notice of complaint as to the wrongful exclusion of concealed handgun license holders at the Tom
Vandergriff Civil Courts Public Building

Honorable Judge Glen Whitley,

I am sending you this letter as to Tarrant County, Texas refusing and prohibiting to allow
individuals to conceal carry guns into the Tom Vandergriff Civil Courts Building.1 The public building that
I am referring to is located at: 100 N Calhoun St, Fort Worth, TX 76196. The Tom Vandergriff Civil Courts
Building is a public building that is a multi-story and a multi-purpose public building in which houses
Tarrant County Clerks Offices, Facilities Management Office, Administration Offices, Cafeteria, Tarrant
County Sheriffs Office, Lobby Areas, Collections Department Offices, Restrooms, Common Areas,
Elevators, Stairways, and Hallways and et cetera. Tarrant County, Texas has put up this sign (and other
signs) that bans individuals from being allowed to conceal carry guns into the public building.

1
The Tom Vandergriff Civil Courts Building is a public building in which is under the operations of Tarrant County,
Texas.

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As you may already know, Section 411.209(a) of the Texas Government Code states as follows:

A state agency or a political subdivision of the state may not provide notice by a
communication described by Section 30.06, Penal Code, or by any sign expressly
referring to that law or to a concealed handgun license, that a license holder carrying a
handgun under the authority of this subchapter is prohibited from entering or remaining
on a premises or other place owned or leased by the governmental entity unless license
holders are prohibited from carrying a handgun on the premises or other places by
Section 46.03 or 46.035, Penal Code.

See TEX. GOV'T CODE 411.209(a).

Section 46.03 of the Penal Code prohibits a person, including a handgun license holder, from
bringing weapons on certain premises. Violation of this section constitutes a third degree felony.
Specifically, section 46.03(a)(3) allows the exclusion of weapons from "the premises of any government
court or offices utilized by the court, unless pursuant to written regulations or written authorization of
the court[.]" Further, Attorney General Opinion KP-0047 (2015) stated "'[t]he premises of a 'government
court or office utilized by the court' means a government courtroom or those offices essential to the
operation of the government court."

Additionally, Texas Attorney General Opinion KP-0047 stated "the responsible authority that
would notify license holders of their inability to carry on respective premises must make the
determination of which government courtrooms and offices are essential to the operation of the
government court." The OAG acknowledges that decisions such as this are for the governmental entity
in the first instance, subject to review for abuse of discretion. Tex. Att'y Gen. Op. Nos. KP- 0007 at 2
(2015), GA-0843 at 2 (2011), GA- 0271 at 3 (2009), GA-0472 at 3 (2006); see also Comrn 'rs CI. of Titus
Cnly. v. Agan, 940 S.W.2d 77, 80 (Tex. 1997) (recognizing district court's supervisory control over a
commissioners court that abuses its discretion).

Please note that not all of the offices, parts and sections inside of the Tom Vandergriff Civil
Courts Public Building are offices essential to the operation of the courts. For example, the Tarrant
County Clerks Offices, Facilities Management Office, Administration Offices, Cafeteria, Tarrant County
Sheriffs Office, Lobby Areas, Collections Department Offices, Restrooms, Common Areas, Elevators,
Stairways, and Hallways are not essential as to the operation of the courts and those non-judicial
administrative offices, parts and sections of the public building are not included in the specific exempted
places listed under section 46.03 or 46.035 of the Penal Code. As you may already know, Section
46.03(a)(3) of the Penal Code does not allow a political subdivision to prohibit licensed handgun holders
from entering into an entire building simply because the courts or the offices of the courts are located in
a portion of that multipurpose building.

Tarrant County has three business days to remove any and all signs that have the intent as to
prohibiting guns into the public building2 and that Tarrant County must stop its employees from
unlawfully prohibiting individuals from conceal carrying guns into the Tom Vandergriff Civil Courts Public
Building. If Tarrant County refuses to do so within three business days, as a citizen of the State of Texas I

2
Tom Vandergriff Civil Courts Building

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will be forced to file a complaint with the Texas Attorney Generals Office pursuant to Section 411.209 of
the Texas Government Code as to this issue.3

Respectfully,

Isaiah X. Smith

Isaiah Smith Campaign

P.O Box 163411

Fort Worth, Texas, 76161

www.isaiahxsmith.com

3
https://www.texasattorneygeneral.gov/3006/3006-ruling-letters

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