By BILL HANNA

Star-Telegram – Fort Worth

Clayton Smith

FORT WORTH — A lawsuit filed by two Tarrant County College students claiming that TCC violated their free speech rights by limiting their ability to stage “empty holster” protests has been set for trial Jan. 12.

TCC asked for a 60-day continuance to prepare for trial, and attorneys for the American Civil Liberties Union, which filed the lawsuit on behalf of Clayton Smith and John Schwertz, did not object.

TCC attorney Angela Robinson said the trial will focus on the merits of the lawsuit. Austin-based ACLU lawyer Lisa Graybill said a settlement appears unlikely.

“Based on the posture taken so far, it looks like a trial will be necessary,” Graybill said.

TCC limited students to designated free speech zones and required students to give advance notice and apply for a permit to protest. The lawsuit says those requirement violate free speech and should be removed from the student handbook.

Last week, a temporary restraining order was granted that allowed the students to wear empty holsters and hand out fliers. Schwertz said the protests, which weren’t allowed in classrooms or hallways, encountered no problems.

“It was a pretty smooth process,” Schwertz said, adding that students staged protests at the Northeast, Southeast and South campuses.

He said more students are interested in joining the group, which is advocating that licensed concealed-handgun owners be allowed to bring their weapons onto college campuses. A bill filed during the last legislative session failed to pass.

But Schwertz said he hopes that the lawsuit will make it easier for student to express their views on TCC campuses.

Based on the posture taken so far, it looks like a trial will be necessary.”

Lisa Graybill,
Austin-based ACLU lawyer