Alan Rickertsen: Lawsuit update and Temporary Restraining Order
My Petition was filed July 31, 2020, I called the courthouse to ask about filing fees and was given an amount. When I got there, I was told that amount was just for filing and not for service.
I went back on August 4, 2020 with the money for service. Service is for the county constable to serve the petition on the Defendants to inform them they had been sued.
Service was not made until the 11th or the 12th.
As of today, both Defendants now have attorneys of record.
I have filed two motions to have the presiding judge recuse herself. Both were denied. So, as of today, Judge Lisa Gonzales(county court #2) is the presiding Judge. She and County Judge are both democrats. Since everything these days is political, not sure about impartial?
On Wednesday August 12th, I received an email from the Court Manager, giving me a list of times and dates the court had available for a hearing on my request of a TRO (Temporary Restraining Order) concerning the beach closing. The dates were for the 19th, 20th and/or the 21st. I responded that it did not seem like the best use of the courts time to have a hearing on the 19th, 20th or 21st, for a TRO for an order that as of that time was set to expire at 6:00 a.m. on the 17th.
My petition has three parts; 1.) I want ALL of the beaches to be opened and stay open. 2.) I want the city and/or county to refund ALL parking ticket charges for ALL parking tickets given out over the last several weeks anywhere close to the closed beaches. I find it disgraceful for the city and/or county to collect revenue in the form of parking ticket when they did not give citizens proper notice that there would be no place to park when they came to the beaches. 3.) I want the city and county enjoinedfrom raising any property taxes for the next 5 years due to their being short of revenue do to the misguided, and in my opinion illegal Orders and actions of the city and county officials in their response to the virus. This is the UNITED STATES OF AMERICA, SHUTTING DOWN IS NOT WHAT WE DO, and it is a disgrace for any elected official to claim to “lead” out of a spirit of fear! Hundreds if not thousands of local residents and citizens have been hurt, many beyond repair, by the overreaching and harsh Orders given out by one County Judge. Those Orders were bad enough, but the “deafening silence” of all of the other county commissioners, city council people and the Mayor was maybe the most problematic and disheartening for me. The leaders of this county and city (in my opinion) are, at the very least a disappointment and at the worst a joke.
As of today, the Defendants have not filed their answers to my petition.
https://odypa.co.nueces.tx.us/PublicAccess/default.aspx is the website you can go to see the filings in the case. Case #2020CCV-61064-2. Just search by case #. You will not be able to read the docs. But you can see what has been filed.
I would like to thank everyone who has offered support and encouragement. I have spent the last 50 years being my own boss and I do not work well in a “committee situation” so I am not requesting and/or accepting any help with this suit. But please continue to do everything you can and/or want to do, to keep the “heat” turned up under all city and county officials.
For those interested, I will try to update on a weekly basis. You can follow on the web site for the Southside Light. Matt has been doing a super job of accurate reporting on this case. To ALL other news outlets and/or media. My comment a has been and will be “no comment”. I do not trust any of them. So, anything you may hear or read is simply their speculation.
And, last but not least, for the nice lady that likes to point out that I make a few errors when I type, thank you for your help, you will probably find a few in this also. The fingers do not keep up with the head 😉.
Thank you all again, WAR