Brackettville Citizens Lawsuit against City and Mayor removed to federal court
By: Jose G. Landa, Copyright 2015, Eagle Pass Business Journal, Inc.
The Brackettville Animal Lovers Association’s lawsuit against the City of Brackettville, Texas and Mayor Andres Rodriguez filed on April 20, 2015 in the 63rd Judicial District Court in Kinney County, Texas challenging the constitutionality of the Amended Animal Control Ordinance approved December 9, 2014 by the Brackettville City Council under the leadership of Mayor Andres Rodriguez was removed from state district court to the United States District Court for the Western District of Texas, Del Rio Division, in Del Rio, Texas on Tuesday, April 28, 2015.
The City of Brackettville and Mayor Andres Rodriguez’s defense attorneys removed the lawsuit from being heard in Brackettville, Texas and in Kinney County by filing their Notice of Removal in the 63rd Judicial District Court with District Judge Henry Fernandez and in the U. S. District Clerk’s Office in Del Rio, Texas, alleging that federal constitutional claims and remedies are sought by the Brackettville Animal Lovers Association in their lawsuit.
The lawsuit arose as a result of the City of Brackettville’s City Council, comprised of Alderman Joe R. Garza, Jr., Alderwoman Rachel Munoz, Alderman Roy Garza, Alderman Joe Rodriguez, Alderwoman Francisca Hernandez, and Mayor Andres Rodriguez, unanimously approved an Amended Animal Control Ordinance on December 9, 2014 which prohibited the possession of livestock within the City Corporate Limits of Brackettville for the first time since its founding in 1928 and other amendments. However, the Brackettville City Council established two distinct separate boundaries within the city corporate limits in which one boundary area was prohibited from having livestock in one’s real property while allowing the second boundary area within the city limits to have livestock on their real property.
The Brackettville Animal Lovers Association, a non-profit organization of City of Brackettville citizens who are animal, livestock, and real property owners, allege that the Brackettville City Council’s two-tier boundary areas prohibiting and allowing livestock within the city limits violates their due process and equal protection rights under the first, fifth, and fourteenth U.S. Constitutional Amendments. In other words, the establishment of the two-tier boundary areas within the city corporate limits prohibiting and allowing livestock such as horses, cattle, sheep, goats. llamas, and burros discriminates against the citizens of Brackettville, Texas by creating two distinct separate and unequal animal, livestock, and real property owners, causing damages and detriment to their personal and real property rights.
Despite an overwhelming opposition to the Amended Animal Control Ordinance by citizens of Brackettville during public workshops and meetings held by the Brackettville City Council, the Brackettville City Council allegedly marched locked step in trampling their citizens’ legal and constitutional rights by unanimously approving the controversial Amended Animal Control Ordinance and establishing two discriminatory boundary areas within the city limits in which citizens in one area are prohibited of having livestock on their real property while another area is permitted to have livestock.
The Brackettville Animal Lovers Association also allege that the Brackettville City Council failed to follow their own municipal ordinance passage requirements, unlawfully approved changes, corrections, and amendments to Amended Animal Control Ordinance after the City Council approved it on December 9, 2014, and failed to state any compelling interests in establishing the two discriminatory boundary areas within the city limits.
The Brackettville Animal Lovers Association contends that the lawsuit would not have been necessary had the Brackettville City Council listened and represented the overwhelming majority of Brackettville citizens who attended and participated in the public workshops and meetings. However, at a March 9, 2015 meeting between Mayor Andres Rodriguez and City Administrator Veronica Garcia with members of the Brackettville Animal Lovers Association, Mayor Rodriguez admitted to his constituents that although a majority of citizens whom participated in the public workshops and meetings held opposed the Amended Animal Control Ordinance that he instead listened to the “Silent Majority” of Brackettville citizens whom he speaks with on a daily basis and supported the ordinance. Mayor Rodriguez never identified any members of the “Silent Majority.” Members of the non-profit organization allege that the Brackettville City Council’s failure to represent their own constituents and taxpayers is a total breakdown of the traditional American democratic process and the establishment of an authoritarian government in Brackettville which violates their American constitutional and legal rights.
The City of Brackettville began enforcing the disputed Amended Animal Control Ordinance on March 10, 2015, issuing over 25 citations for alleged violations of the alleged defective and unlawful ordinance charging citizens with a criminal misdemeanor and a fine up to $500 for each violation of the contested ordinance. If the Amended Animal Control Ordinance were to be struck down as unconstitutional and/or unlawful, the City of Brackettville and its taxpayers face potential damages caused to citizens, reasonable attorney’s fees, court costs, and expenses incurred in prosecuting the case.
It is unknown if the Brackettville Animal Lovers Association will file a motion to remand the lawsuit to state district court in Kinney County or keep the lawsuit in federal court in Del Rio. What is known is that it would be more convenient and practical for the lawsuit to be heard in Kinney County since all or most of the potential witnesses and parties reside in Kinney County instead of Del Rio. Meanwhile, the controversial Amended Animal Control Ordinance lawsuit is in federal court in Del Rio unless a court order remands it back to state court.
