San Antonio Express-News (Sunday)
Justices can restore what Castle Hills took
Speaking up in Castle Hills can be costly.
Residents who signed a petition to remove the city manager received visits from the police. Others faced bogus criminal charges. I spent a day in jail.
But on Wednesday the U.S. Supreme Court heard my case, Gonzalez v. Trevino, and gave me a chance to speak without fear of retaliation.
If I prevail, I can continue my First Amendment lawsuit against the people who chased me out of office in Castle Hills, an enclave city within San Antonio.
None of this drama needed to happen.
When I ran for office in 2019, I simply wanted to serve. Neighbors had complained about poor infrastructure and a lack of responsiveness at City Hall. As a retiree, I had time to get involved, so I ran for City Council. I was the first Hispanic alderwoman in Castle Hills.
I, along with my supporters, also organized a petition drive, putting the city manager on notice. Everyone who signed the nonbinding document remained peaceful.
My father spent his career in law enforcement. My daughter works in law enforcement. And I had a clean record with no arrests or convictions — not even a traffic citation.
I had no intention of backing down from my vow to reform the city culture. So, after my election, I submitted the petition and invited feedback. The response was hostile. Politically connected residents shouted during a public meeting.
At the conclusion of the first meeting, I inadvertently picked up the petition from a stack of papers on the dais. I made this mistake with no criminal intent, but my accusers called me a thief.
Weeks later, they adjusted the allegation to “tampering with a government document” and issued a warrant for my arrest. I was shocked and terrified. My only option was to turn myself in to the police. Being a 72-year-old grandmother at the time did not bring leniency.
Deputies greeted me with handcuffs. I felt like I was stripped of my rights and dignity. Next came the booking photo, released to the media that night, followed by orders for me to change into an orange jumpsuit.
I spent the next several hours shivering on a cold metal bench.
Prosecutors almost immediately dismissed the charges, which they recognized were baseless, but the damage was done. Worried about further retaliation, I resigned from office. More than four years later, my heart still races when I see a Castle Hills police cruiser.
My First Amendment retaliation case, filed in 2020 with representation from the Institute for Justice, cannot undo the trauma. But I hope to set a precedent for future victims of government harassment, especially when rogue officials weaponize law enforcement to punish their critics.
Many First Amendment retaliation victims would lose their right to sue if the appellate court ruling in my case is allowed to stand. After the trial court cleared me to proceed against the mayor, police chief and special investigator, the 5th U.S. Circuit Court of Appeals intervened and reversed the decision.
The precedent is dangerous: If public officials can show probable cause that someone violated a law, they are immune from the consequences of enforcement, even if the goal is to punish speech. Revenge-minded officials can pick a target, scour the books for a violation — any violation —and pounce.
I never imagined such a thing could happen when I ran for office. Officials silenced me in Castle Hills. Now I need the Supreme Court to restore my voice.