A federal district court judge in Texas upheld a state law allowing residents to carry concealed handguns on university campuses on July 7, after three University of Texas at Austin professors sought to ban guns from their classrooms.

The plaintiffs, Professors Jennifer Glass, Lisa Moore, and Mia Carter, argued that “classroom discussion will be narrowed, truncated, cut back, cut off” if guns are allowed in classrooms. The defendants, including Texas Attorney General Ken Paxton, UT-Austin President Gregory Fenves, and the university’s Board of Regents, defended the law’s implementation at UT-Austin.

U.S. District Judge Lee Yeakel said the plaintiffs had not demonstrated that they had suffered an “injury in fact” and had not established that there was a “causal connection between the injury and the conduct complained of” that could be traced to the defendants.

In other words, the plaintiffs failed to show beyond speculation that they would be harmed by the concealed carry of handguns, or that concealed carry could be connected to having a “chilling effect” on classroom discussions. Therefore, Yeakel ruled that the “plaintiffs present no concrete evidence to substantiate their fears” and that they did not have standing to sue the defendants.

“The court’s ruling today is the correct outcome,” Paxton said in a statement. “The fact that a small group of professors dislike a law and speculate about a ‘chilling effect’ is hardly a valid basis to set the law aside.”

Texas passed a law in 2015 allowing licensed concealed handgun owners who are at least 21 years old to carry a concealed handgun on campus. The law prohibits institutions from creating rules that restrict gun owners’ right to carry a concealed handgun on campus, except for rules pertaining to the storage of handguns in dorms and residence halls.

The controversial bill was met with opposition from gun control advocates, but gun rights supporters won out in the end when Governor Greg Abbott signed the bill into law in June 2015. Still, the fight against the “campus carry” law continued. UT-Austin students protested the law in August 2016 by organizing a “Cocks Not Glocks” demonstration during which they handed out more than 4,500 donated dildos, according to the Texas Tribune.

“We want these dildos on backpacks as long as there are concealed handguns in backpacks,” UT-Austin student Ana López, who helped organized the protest, told the Texas Tribune at the time.

Under UT policies, the concealed carry of handguns is permitted on campus and in university buildings, but is prohibited in all on-campus residence halls, with some exceptions: staff members and visiting family members may carry a concealed handgun, and concealed carry of handguns is permitted in common areas. Unless the plaintiffs appeal the ruling, concealed carry will remain at UT-Austin and other Texas universities.

Marcus Dieterle

Marcus is an editorial intern at Law Street. He is a rising senior at Towson University where he is double majoring in mass communication (with a concentration in journalism and new media) and political science. When he isn’t in the newsroom, you can probably find him reading on the train, practicing his Portuguese, or eating too much pasta. Contact Marcus at Staff@LawStreetMedia.com.

The post Texas Judge Rules Residents Can Carry Concealed Handguns on College Campuses appeared first on Law Street.

A lawsuit challenging Texas’ controversial immigration law made its way to a federal court in San Antonio on Monday.

SB4, which Governor Greg Abbott signed into law on May 7, essentially bans “sanctuary cities” in Texas. While the law does not specifically mention the phrase “sanctuary city,” it does punish local governments, officials, and police who adopt, enforce, or endorse a policy that “prohibits or materially limits the enforcement of immigration laws.” The law is slated to go into effect on September 1.

According to the law, those entities and individuals may not prohibit “peace officers” from asking a person who is lawfully detained or under arrest about their immigration status or place of birth. They also may not impede peace officers from cooperating with a federal immigration officer, or permitting a federal immigration officer to enter a jail to conduct enforcement activities. If they fail to comply with immigration laws, local governments can face fines of up to $25,500 per day of non-compliance, officials may be forced to give up their positions, and police chiefs can be charged with misdemeanors.

The plaintiffs in the lawsuit include the City of El Cenizo, Texas; Mayor Raúl L. Reyes of City of El Cenizo; Maverick County Sheriff Tom Schmerber; Maverick County Constable Pct. 3-1 Mario A. Hernandez; and the League of United Latin American Citizens (LULAC). They filed a lawsuit against the defendants–the state of Texas, Abbott, and Texas Attorney General Ken Paxton–one day after the governor signed SB4.

The lawsuit claims that SB4 puts Texas and its local government officials and entities “at the complete mercy of federal officials,” and violates the Tenth Amendment and due process clauses of the Fifth and Fourteenth Amendments of the United States Constitution. The lawsuit asserts that Texas “may choose to voluntarily relinquish its retained sovereignty entirely to the federal government,” but cannot force local governments to do so.

The lawsuit also asserted that SB4 threatens community members’ trust in local government and law enforcement officials.

Plaintiffs are safer when all people, including undocumented immigrants, feel safe when their local law enforcement officers can be trusted for reporting crimes or just speaking with them about issues in the community. Plaintiff’s communities are healthier when all residents including undocumented immigrants, access public health programs,  unafraid to seek health care. And Plaintiffs’ communities are economically and socially stronger when all children, including undocumented immigrants, attend school.

The Department of Justice filed a statement of interest on June 23 supporting Texas in the litigation. According to a press release from the DOJ that same day, United States Attorney General Jeff Sessions explained that the DOJ is participating in the lawsuit to facilitate state and local cooperation with national immigration laws.

“President Trump has made a commitment to keep America safe and to ensure cooperation with federal immigration laws,” Sessions wrote in the press release. “Texas has admirably followed his lead by mandating state-wide cooperation with federal immigration laws that require the removal of illegal aliens who have committed crimes.”

In a CNBC commentary piece about SB4, author Julissa Arce expressed her opposition to the law. “SB4 is essentially a ‘show me your papers’ law that is set to create an environment for racial profiling in a state where 10.4 million Hispanic Americans live,” wrote Arce, who is also the co-founder of Ascend Educational Fund, a nonprofit in New York City that provides scholarships to students regardless of their ethnicity, national origin, or immigration status.

Arce expressed hope that the court will rule in favor of the plaintiffs and protect immigrants regardless of their immigration status.

“I believe the Texas that led the country in giving undocumented students an opportunity at higher education, my home state, is the state that will ultimately prevail,” she wrote.

SB4 opponents spoke out against the law at a protest in San Antonio on Monday.

Undocumented youth have come from all over Texas to stand up for communities of color and against SB4. #HereToStay #SB4isHate pic.twitter.com/ut41Wtn8rz

— Yunuen Alvarado (@ysalvarado5) June 26, 2017

On 2nd anniversary of #MarriageEquality I’m proud to be #undocumented & #queer fighting racist laws like #SB4 in TX! #Pride2017#HereToStay pic.twitter.com/PaMnvq4Fry

— Sheridan (@SirSheri) June 26, 2017

Among the crowd were Austin Mayor Steve Adler, and members of the San Antonio and Austin city councils.

LIVE elected officials address crowd #SB4isHate #HeretoStay https://t.co/DbAoIgxEnJ

— Yunuen Alvarado (@ysalvarado5) June 26, 2017

Austin Councilman @GregCasar speaks to protestors against #SB4 this morning before federal judge hears both sides. “Alright let’s do this.” pic.twitter.com/5rrkRtFXoi

— Nick Wagner (@WagsPhoto) June 26, 2017

SA Archbishop Gustavo Garcia-Sillar gives an impassioned plea and prayer against #SB4 outside federal courthouse. pic.twitter.com/HNMZXVEoVZ

— Joey Palacios (@Joeycules) June 26, 2017

“We will not accept overt racism embedded in #SB4. Not today not ever.” @LUPE_rgv outside of the courthouse to #BlockSB4#SB4isHatepic.twitter.com/iAYPoHMKPI

— ACLU of Texas (@ACLUTx) June 26, 2017

U.S. District Judge Orlando Garcia, who heard the case, declined to make a decision on Monday, according to the Texas Tribune. It is not yet clear when a decision will be handed down.

That same morning, Reverend Jim Rigby, a pastor at St. Andrew’s Presbyterian Church of Austin, was charged with a criminal trespassing misdemeanor after he was arrested on May 1 for protesting SB4 in a state office building. Rigby was among about 20 protesters, including immigrants, students, and Austin City Council Member Greg Casar, who were arrested in May for protesting the law.

On May 8, the day after Abbott signed SB4 into law, Paxton filed a lawsuit to uphold the constitutionality of the law. That case will be heard Thursday. These lawsuits could have a huge impact on undocumented immigrants in Texas and set a precedent for other areas that have designated themselves as “sanctuaries.”

Marcus Dieterle

Marcus is an editorial intern at Law Street. He is a rising senior at Towson University where he is double majoring in mass communication (with a concentration in journalism and new media) and political science. When he isn’t in the newsroom, you can probably find him reading on the train, practicing his Portuguese, or eating too much pasta. Contact Marcus at Staff@LawStreetMedia.com.

The post Texas Municipalities Challenge State’s “Sanctuary Cities” Law appeared first on Law Street.

Hold on to your holsters, folks–there’s a new gun law in Texas. As of January 1, 2016, licensed owners of firearms will be able to carry them in plain view in most places. People will actually be able to flaunt and parade their firearms in belt and shoulder holsters in public…at restaurants, bars, parks, and stores–for every person to witness. It begs the question, is it necessary to expose one’s weapon in public spaces in light of laws allowing for weapons to be carried so long as they are concealed? And if it is necessary, why?

Earlier this year, on June 13, 2015, Governor Greg Abbott (R) signed the open carry bill into law. It passed in the Texas House by a margin of 102-43 votes and in the Senate by 20-11, divided by party lines with Democrats opposing the bill. Visible handguns have been banned in Texas since just after the Civil War, but that will change with the new law taking effect by the start of the New Year.

Despite its Wild West history of cowboys, bandits, John Wayne, and fairly lax gun laws, Texas is pretty late to flex the open carry facet of its Second Amendment arm. Surprisingly, it is the 45th state to enact such legislation, but only after a provision barring law enforcement from asking Texas residents whether they were licensed or had a proper license to carry firearms visibly was removed from the bill. Texas is by far the most populous state with the open carry laws, with nearly 850,000 concealed license holders, thereby making it a notable change regarding the nation’s gun laws as a whole.

Thankfully, the law allows for private businesses and establishments to ban open carry and many have been on the fence about the direction in which they will go. A number of family-based restaurants have geared up to ban visible weapons within their establishments. They fear that families with children and other customers would be “a little uncomfortable” coming to a restaurant that has firearms in plain view. Additionally, H-E-B, a grocery store chain with 316 stores in 150 Texas communities, has also decided to ban open carry within its store. Largely staying out of the debate, H-E-B noted that it sells alcoholic beverages and are acting in accordance to state regulations on that basis. The store, for years, has maintained the policy that long guns and unlicensed guns are prohibited on its property. But it allows concealed weapons and will continue to do so. Whole Foods and Randall’s have followed H-E-B’s suit in banning open carry within their stores.

Other organizations have taken a different stance. Kroger, another grocery chain, will allow open carry within its stores, as will the First Baptist Church of Arlington, near Dallas, Texas. Senior Pastor Dennis Wiles, who sees approximately 2,500 worshipers on Sundays, noted that he came to the decision after meeting with the church’s legal team, congregants, and police officers. Wiles further recognized that the church will re-assess the situation in a couple of months to see if there are any issues to be address, however, he is confident that there won’t be much of a noticeable difference. Executive Director Charley Wilkison of the Combined Law Enforcement Associations of Texas does not agree. Wilkison stated that, “[p]eople will drive without a license…[a]nd we can sure count on them to carry a weapon without training or license.”

But we still don’t know why. Why is this necessary? Intimidation? Self defense? Fashion? What good will come of this? Furthermore, if individuals are entitled to carry concealed weapons, why the additional need to flaunt those weapons, particularly at a time when citizens have been plagued by mass shootings, police brutality, racial discrimination, and religious intolerance? Placing firearm intimidation on the forefront of unstable societal, racial, and economic tensions does not sound like positive and commendable progression toward stability in such a gun weary and gun polarized nation.

Ajla Glavasevic

Ajla Glavasevic is a first-generation Bosnian full of spunk, sass, and humor. She graduated from SUNY Buffalo with a Bachelor of Science in Finance and received her J.D. from the University of Cincinnati College of Law. Ajla is currently a licensed attorney in Pennsylvania and when she isn’t lawyering and writing, the former Team USA Women’s Bobsled athlete (2014-2015 National Team) likes to stay active and travel. Contact Ajla at Staff@LawStreetMedia.com.

The post The Wild Wild West: “Open Carry” Law in Texas Rings in the New Year appeared first on Law Street.

Hey y’all!

I’ve talked about immigration a lot in the past, it’s a pretty big issue here in Texas. On Monday, Judge Andrew S. Hanen of the Federal District Court for the Southern District of Texas in Brownsville prohibited the Obama Administration from carrying out immigration programs announced in November 2014. These programs would allow protection from deportation and give work permits to nearly five million undocumented immigrants. One of those many programs was supposed to start today, but that’s not happening now.

Hanen found that the state of Texas, as well as the 25 other states that had filed against this initiative, had satisfied the minimum legal requirement to bring the lawsuit, stating that the Obama Administration failed to comply with the basic procedures required in order to put the program into effect.

Of course, White House Press Secretary Josh Earnest stated that the administration was “within the bounds of the law” and implied that it would be appealing the decision. Any appeal in this case filed by President Obama would be handled by the Fifth Circuit Court of Appeals in New Orleans.

Texas Gov. Greg Abbott stated that “Judge Hanen’s decision rightly stops the President’s overreach in its tracks.”

All of the states that oppose this measure argue that President Obama has very clearly violated the “Take Care Clause” of the U.S. Constitution, which limits the scope of presidential power. Only time will tell what will happen next, though one thing’s for sure: it will be a long, drawn-out process but it’ll be fun to see how things turn out.

Allison Dawson

Allison Dawson was born in Germany and raised in Mississippi and Texas. A graduate of Texas Tech University and Arizona State University, she’s currently dedicating her life to studying for the LSAT. Twitter junkie. Conservative. Get in touch with Allison at staff@LawStreetMedia.com.

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