Grable masterfully translates abstract constitutional protections into a tangible financial liability for the state. It is a precise demonstration of how strategic litigation can force accountability for even the briefest instances of government overreach.
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$17,910.00-LAWSUITAdded:
So, y'all want to trespass from the property? Okay.
>> The girls are nervous.
>> I'm sorry. What was that?
>> And the girls are nervous.
>> Oh, all right. You got your driver's license, ID card on you.
>> Uh, do I have to provide ID?
>> Well, now you're being a criminally trespass. So, I have to log. Well, no. I now I got to have that information.
>> But I'm have a chance to leave >> because you won't give me your ID. You want to argue with me your case.
>> All right. Am I being detained or anything?
>> You absolutely are. Now, >> okay. I do it. Am I required by law to give you ID?
>> You absolutely are now.
>> And if I don't, what will happen?
>> You would go to jail.
>> I'm trying to keep you guys from making a mistake. I don't want to have to sue you guys.
>> Well, I mean, do what you need to do.
>> If you guys trespass me from here off of this traditional public forum, >> I will hold you accountable.
>> Okay. Okay. Well, we can argue that in court.
>> I don't want to have to argue it thing.
I would rather skip going to court and y'all just respect my rights.
>> Well, I mean, if if if they deem that we were in the wrong, then that so be it.
When you came here today, you had two choices. You can honor your oath to uphold and defend the constitution.
>> And that's exactly what I'm saying.
>> My civil rights, my constitution protected rights, or you can violate rights are violating.
>> Well, I'm sorry that you feel that way.
>> While Jeff Gray visited Carthage, Texas in September 2024, and I'm in Texas and as a result of that stop, he retained me. Something I do want to give the city some credit for.
Days after the incident, Jeff contacted the city manager directly. And the city manager did three things that most cities don't do without a lawsuit. He apologized in writing. He unilaterally rescended the criminal trespass. And he committed to additional civil rights training for the city's employees. That matters. That's progress. That's not nothing. most cities, as you'll see in Jeff's other cases if you do any research whatsoever. He ends up fighting for months or years before they do any of that. Carthage, they own it relatively early. But an apology and a training commitment by themselves don't make the constitutional violations go away. Jeff was still seized. He was still compelled to identify himself under threat of arrest. He was still denied access to city property in violation of his first and fourth amendment rights. So when Jeff reached out, I gladly helped him. I sent a demand letter and unfortunately it didn't go anywhere. So we ended up filing a lawsuit and that did the trick.
We got this case resolved for $17,910 for a 5 minute 3se secondond interaction. And when you do the math, that's about $59.11 per second. Now I I want to ask you about that total settlement amount, the $17,910.
It's a symbolic number. I want you to put in the comments if you know the significance of that number. If you're familiar with Jeff Gray and Honor Your Oath, you'll have the answer. And I'll give you a hint. It has to do with the First Amendment. Jeff has been doing this for years now. And that number has shown up in his other cases, his other lawsuits. And here's the part of this story I'm proudest of because it's not about me. It's not really even about the law. It's about Jeff and what he has done and how he's contributed to his own mission. He's been doing this work for over a decade, 2011 I believe. He's gone to city halls across the country. Every time a city pays him to settle, I believe he donates those funds to homeless veterans organizations and homeless coalitions in the communities he visits or returns home to. And it's not just settlements. He regularly donates his time and money to different organizations. Some of those that I have found is the National Coalition for Homeless Veterans, St. Francis Home, and the Carthage proceeds. He informed me he was going to donate to Beach's homeless coalition in Jacksonville, Florida. And they serve over 3,300 unhoused people in Deval County in Florida. I'll link each of these organizations in the description in case you want to take a look and maybe contribute. So, the man on the sidewalk holding a sign that says, "God bless the homeless vets is very literally raising money for homeless vets. He's just doing it by holding cities accountable to the constitution instead of by passing a hat." And that's something to definitely applaud. There's something else Jeff does when he settles these cases. Across everyone, every settlement that I found that he's been involved in, the formula is essentially the same. There's an apology, mandatory third-party first amendment training for the officers and staff involved, a charitable donation.
That's it. That's the demand. That's what civil rights litigation can look like when both sides take obligations seriously. It doesn't have to be scorched earth every time. It can be that the city makes a mistake, the city owns it, the city fixes it, and a homeless coalition somewhere in the country gets a check to feed and and clothe and house and shelter dozens and potentially hundreds of veterans or homeless people. Jeff is doing real work out there. The Constitution is doing the work and along the way, government officials and employees are getting educated. One last thing, I'm posting this video on Memorial Day. So, if you're watching and it's after Memorial Day, you know, this message is still important. Memorial Day isn't just about veterans like Jeff. It's about the ones who didn't come home. The ones who died so the rest of us could stand on a public sidewalk and hold a sign that says whatever we wanted to say. Freedom isn't free. People bled for it. People gave the ultimate sacrifice for it. And what they bought with their lives is the set of rights we just spent 20 minutes talking about. The right to speak, the right to assemble, the right to petition the government, the right to be free from unreasonable seizure. If you take one thing away from this video, it's to hold on to those rights. Cherish them.
Use them.
What's up you?
>> Good morning. How's it going?
>> I'm good, thank >> What's up?
>> What's up?
>> This guy that's out here holding the sign up to everybody that comes in. Feel bad for him, but we don't want him by the front door, you know, solicisting right here at the door. I mean, he's legal out by the road or wherever it's legal for the public to be, but not at our door. Like, he's going to >> Okay.
>> And the girls are nervous.
>> I'm sorry. What was that?
>> And the girls are nervous.
>> Oh.
>> Hey, they've asked if you'd stand out there by the road or whatever and not up here by the door.
>> Okay. I'm not blocking the door or anything like that. Can I just stay here?
>> No, sir.
>> Why not? It's the steps of city hall.
>> They don't want you on the property. So, they've asked that you uh move over there away from the door. So, >> but the city hall is the is like a traditional public forum.
>> So, we can do this one or two ways. You can either do what they ask or they could criminal trespass from your property and you'll have to leave all together.
>> Well, I I think I have a right to be here.
>> Okay.
>> And if they trespass me, I'll leave.
>> Okay.
So, he's not going want to move. So, y'all want him trespass from the property? Okay.
>> All right. You got your driver's license, ID card on you?
>> Uh, do I have to provide ID? Well, now you're being a criminally trespass. So, I have to log that. Well, no. I now I got to have that information.
>> Why?
>> Because I got to criminally trespass you and we got to be logged with our dispatch.
>> I thought in Texas the only way you had to provide ID was if it was uh you're lawfully arrested. I >> No, sir. Now, you're being criminally trespassed. So, therefore, I have to identify you and log that with dispatch.
That way, if you come back on the property, you'll be arrested.
>> Can Can you talk to them and let them know that I'm engaged in free speech on traditional public before they trespass?
They understand that.
>> They understand that.
>> They know what you're doing, but they don't want you up here by the door.
>> What do they >> So, they asked you if you would go out there, but you didn't want to do that.
You wanted to stand right there and argue with me about it.
>> I'm not I'm trying to argue with you.
I'm just trying to let you know that I'm engaged in free speech.
>> Mhm.
>> Not a traditional public.
>> And they asked you if you would stand over there, not over around by the door.
>> I I I'm not blocking the door.
>> So, now we're at the point they want you to trespass that you didn't want to go away from the door. Can Can I talk to >> Well, give me your driver's license or your ID card.
>> I'm not refusing to, but if I >> Well, that you are since you haven't done that yet.
>> Okay. If I don't give it to you, what would happen?
>> What would happen?
>> Yes.
>> Well, you're going to be arrested for criminal trespass.
>> But I'm have a chance to leave.
>> Because you won't give me your ID. You want to argue with me your case.
>> All right. Am I being detained or anything?
>> You absolutely are now.
>> Okay. Do Am I required by law to give you ID?
>> You absolutely are now. And if I don't, what will happen?
>> You would go to jail.
>> Okay, I'm going to give reach to my pocket and give you another.
>> See, it's not hard.
>> It It's not hard. Y'all could have just left me alone and let me exercise right.
>> I I'm not the one that called, >> but you're the one trespassing me. And you're a law enforcement officer.
>> Sure I am. I sure am.
>> Now, you're supposed to uphold and defend your uh constitutional >> and they and they have the exact same rights as you do. They didn't want you here by the door. So, we asked you if you would stand out there by the road >> and do that. But you want to argue and not do that.
>> I'm not trying to argue. I'm trying to explain to you this is freedom of speech. I understand that >> freedom of religion, >> but they also they have they have rights too >> on a traditional public form. They don't have the authority to trespass me.
>> Absolutely they do. 106 PD. I have a 27 out of Florida when you're ready.
>> Why do you guys always say I'm arguing when I'm just trying to have a conversation?
>> Well, I know you're having a conversation. I understand that. I'm trying to just explain to you that >> if you guys trespass me from here off of this traditional public forum, >> I will hold you accountable.
>> Okay. Just like just like Waterburg criminally trespass you.
>> This auto zone.
>> This is a public.
>> Go ahead.
>> So is so is uh Waterburg.
>> Waterburg.
>> 106 27 out of Florida B.
>> Is there anybody?
>> Were you the gentleman that they dealt with that uh the other day there at Napa?
I don't think so.
>> I don't think Well, it wasn't you. Okay.
>> There was another gentleman.
>> Is the city attorney present? Can I speak to the city attorney?
>> Uh, no. The city attorney is not present.
>> How about the mayor?
>> No. I don't think the mayor is either. I don't know.
>> Manager or somebody like that. So, I'm trying to keep you guys from making a mistake. I don't want to have to sue you guys.
>> Well, I mean, do what you need to do.
>> Gosh, I hate that attitude.
>> Well, I'm sorry. I mean they they want we tried to resolve this by asking you if you would stand out there. You didn't want to do that. So therefore they wanted you criminal trespass from the prophet. They have that right.
>> They don't.
>> Okay.
>> They don't engage.
>> Well, listen. Okay. Well, we can argue that in court.
>> I don't want to have to argue in court thing. I would rather skip going to court and y'all just respect my rights.
>> Well, I mean if if if they deemed that we were in the wrong, then that so be it.
>> When you came here today, you had two choices. You can honor your oath to uphold defend. That's exactly what I'm doing.
>> My civil rights, my constitution protect your rights, or you can violate my rights.
>> You guys are violating.
>> Well, I'm sorry that you feel that way.
>> You guys always have that attitude instead of just 106. I have that 27.
Just be advised. Clear 29 >> at 104. They're requesting the CT be issued to that subject. If you would log at this time.
>> All right.
>> So, I have to leave.
>> You are free to go now.
>> All right.
>> But I have to stay off the property.
>> Absolutely. off the property. If you come back >> the property, >> if you come back, you're going to be trespassed. So, you'll go to jail.
>> What's the What's the appeal process?
Can I just talk to you real quick about that? I'm going to leave. I just want to ask you a question about the appeal.
>> Well, you can contact the uh city manager or by phone.
>> Okay.
Is your body cam recorded?
>> Absolutely.
>> Was it was it recorded the whole time?
>> Absolutely.
>> All right. Well, have a blessed day, too.
>> Uh no.
I actually wanted to argue case and stating that I didn't have the right to see team from the property. So, >> well, that's what we just talked about, you know, being public public property.
As long as he's not harassing and bothering people, I don't know that we can do anything uh with him, you know, and we just got to be careful. He didn't look like he was filming, but you got these people that go around and try to stir up something and get you in in time.
>> That's exactly what he was doing. So >> yeah.
>> Yeah.
>> So he's CT from the property now.
>> Yeah.
>> So I guess he'll contact y'all if he wants to >> do anything or whatever. It's fine.
>> Well, he everybody that came in is was a little taken back by because he >> What does CT mean?
>> He appro pro approach.
>> He CT from the property. We're kind of what's that mean?
>> It's criminal trespass. He can't come back on the property.
>> Okay.
>> Came in. He was he would move over and get, you know, like this in their face and everybody's like, "What's going on?"
You know, I mean, he was making everybody really nervous and we don't really allow soliciting up there. We don't, you know, so >> he asked Jeremy for money when he came.
>> Yeah. And J, he asked everybody that comes up and then he would go to the drive-thru line and and I don't know, he's making everybody nervous as heck.
So, I thought, well, we probably need to send him home.
>> Well, I say it's >> Yeah, there are people out there that trying to get you in a lawsuit. So they'll come in here and then you're like, "Well, you want nothing." Well, then you need to leave, right? It's a public, >> right?
>> And you know, it's kind of like one of them. So this door doesn't have if it said employees only.
>> Mhm.
>> He's not allowed to go back there, >> right?
>> Without that, you know, now when go, hey, you're disturbing our employees, >> right?
>> They got to do their work. They can't do that. But um I'm sure y'all have to deal with him again. Somebody else probably going to call you.
>> Oh, absolutely. I'm sure.
>> Well, we appreciate it.
>> Yeah. Thank you.
>> Yes, sir. Y'all welcome.
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