Hidalgo hits back at ‘the mattress guy’
County judge calls furniture mogul’s suit part of ‘election denialism’ trend
Harris County Judge Lina Hidalgo had sharp words Thursday for “the mattress guy” in response to a lawsuit against the county filed by Houston furniture magnate Jim “Mattress Mack” McIngvale.
McIngvale filed a lawsuit this week accusing the Harris County Elections Administrator’s Office
of refusing to turn over public records related to the November 2022 election.
Hidalgo argued McIngvale’s lawsuit is about more than just public records, calling it part of a trend of denying election results following in the footsteps of former President Donald Trump and MyPillow founder Mike Lindell.
“It’s almost comical,” Hidalgo said. “In Harris County, we’re not only enduring the pillow guy, but we’ve got to deal with the mattress guy, too.”
The impacts of the litigation are not funny, Hidalgo added.
“It’s real democracy. It’s real people who came out and voted, and real folks who were duly elected. And it’s important to protect our democracy. We’ve got now the mattress guy attempting to sow doubt in the election with a bogus lawsuit to prop up election denialism in order to — I don’t know what — finance his profits? Get some free press? Ultimately, those that are harmed are the residents of the county and the faith in our democratic process,” Hidalgo said.
According to the petition filed Monday night, Wayne Dolcefino, a media consultant and former TV journalist, submitted multiple requests for public information on behalf of the Gallery Furniture owner, who was a major donor supporting Republican candidates, including Hidalgo’s opponent Alexandra del Moral Mealer.
Among Dolcefino’s requests was a detailed phone record for Elections Administrator Cliff Tatum, including text and phone messages. He also sought Tatum’s emails on Election Day, all email communications between Tatum and Precinct 1 Commissioner Rodney Ellis’ office, maintenance records for voting machines, information about ballot paper allotment, and communications on Election Day between the elections office and the election judges presiding over polling locations.
Bill Aleshire, an Austin attorney who works with the Freedom of Information Foundation of Texas, said the lawsuit is a good example of why the Texas
Legislature should repeal the “litigation exception” provision in state law that offers public offices an option to withhold records during litigation.
“There is no justification for denying the public information about a controversy just because it involves litigation,” Aleshire said. “In fact, when something controversial enough happens to be the subject of a lawsuit, that is exactly when the public most needs to know what the record shows. Yet, the way the (Texas Public Information Act) is written, no one — except those involved in the underlying lawsuit — can get access to the public information.”
The elections office responded in a statement saying it has followed the law, staff has responded to requests that do not require documents subject to the litigation, and the office has sought an opinion from the attorney general on those that do.
Last week, Lt. Gov. Dan Patrick joined other GOP state officials calling for Harris County to redo its election because of claims that voters were turned away due to alleged paper ballot shortages, though acknowledging he had no idea how many voters were actually disenfranchised, if any.
Hidalgo criticized McIngvale on Thursday for filing a lawsuit she said aligns with an array of GOP litigation and comments from Patrick and Gov. Greg Abbott questioning the county’s elections process.
“That is wrong, at best,” Hidalgo said. “And at worst, it’s dangerous.”McIngvale said the reaction he has received about his lawsuit has been overwhelmingly positive.
“I’d also ask Judge Hidalgo two questions: What has she ever accomplished in her life and has she ever had to sweat making payroll?” McIngvale said.
He denied his lawsuit was “bogus.”
“The lawsuit stands on its own merits,” McIngvale said. “We’re just asking for the records of the election officials. And the election officials, I would remind them, they work for the citizens of Harris County. We don’t work for them.”
Dolcefino also blasted Hidalgo’s comments.
“Judge Hidalgo in just a few years has become an example of an arrogant, yet insecure, politician who does not respect the public right to know,” Dolcefino said. “She doesn’t think we have the right to evaluate the performance of the election administrator? How dare her. She is the one who is comical. Mattress Mack has done more for this town than anyone else I know. He cares. She obviously doesn’t.”
It is not the first time Hidalgo and McIngvale have butted heads.
In her victory speech, Hidalgo referred to McIngvale as “a furniture salesman.”
The following week, McIngvale responded with a full-page ad in the Houston Chronicle that included a letter that called him a “local icon” with a “humanitarian legacy rivaled by none,” while describing Hidalgo as a “sanctimonious bully.”