Verified Complaint, Open Carry v.

City of Arlington Page 1

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF TEXAS
FORT WORTH DIVISION

KORY WATKINS,
individually and in his capacity as coordinator for
OPEN CARRY TARRANT COUNTY,
Plaintiffs,

v.

CITY OF ARLINGTON











Case: 4:14-cv-381

VERIFIED COMPLAINT

Comes now Plaintiffs Kory Watkins and Open Carry Tarrant County, by and through
counsel, and for his cause of action against Defendant City of Arlington, and avers the following:
I. INTRODUCTION
1. Pursuant to 42 U.S.C. 1983 and 1988, Plaintiffs bring this civil rights action, seeking
injunctive relief, declaratory relief, and damages against Defendant City of Arlington,
Texas.
2. This action is premised on the United States Constitution and concerns the deprivation of
Plaintiffs' fundamental right to free speech and expression.
3. Defendant's actions have deprived and will continue to deprive Plaintiffs of their
fundamental rights to free speech and expression as provided in the First and Fourteenth
Amendments to the United States Constitution.
4. Each and every act of Defendant alleged herein was committed under the color of state
and municipal law and authority.

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II. JURISDICTION AND VENUE
5. Pursuant to 28 U.S.C. 1331 and 1343, this Court has jurisdiction over Plaintiffs'
claims. Pursuant to 28 U.S.C. 2201-02 and 42 U.S.C. 1983-1988, this Court has
jurisdiction over Plaintiffs' request for and declaratory relief and other claims.
6. Pursuant to 28 U.S.C. 1391(b), venue is proper in the Northern District of Texas
because all claims arise out of this district and Defendants reside in this district.
III. PARTIES
7. Plaintiff Kory Watkins resides in Mansfield, Texas.
8. Plaintiff Open Carry Tarrant County ("Open Carry") is an unincorporated association
operating in Tarrant County, Texas, and for which Kory Watkins serves as Coordinator,
and may be a proper party to suit by virtue of FRCP 17(b)(3)(A).
9. Defendant City of Arlington is an incorporated political subdivision of the State of Texas
and can be served with summons upon City of Arlington, Texas, Mayor Robert N. Cluck,
wherever he may be found, including his workplace, 101 W. Abram St.
Arlington, Texas 76004-0231, or his residence at 5820 Bay Club Dr., Arl., Texas 76013.
IV. FACTS
10. Plaintiff Kory Watkins is the country coordinator for Plaintiff Open Carry Tarrant
County, an organization dedicated to the education of Texans regarding gun rights.
11. Among the proper and legal activities of this organization is the presentation of speeches
on political topics, the organization of rallies and other gatherings to hear these speeches,
and dissemination of materials supporting gun rights.
12. One of the common activities of Open Carry are group "walks" in which participants
walk on sidewalks and providing pocket-sized copies of the United States Constitution to
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those individuals who indicate that they would like one, including those who are
passengers of cars that are stopped temporarily at a stop light.
13. Open Carry does not travel unbidden among stopped cars to ask for solicitations or
provide political material (such as the United States Constitution), but only approaches
vehicles in which a driver or passenger has requested a copy of the Constitution.
14. No one has been hit, hurt, or damaged in any way during any Open Carry event.
15. Plaintiff has sought information regarding accidents and political rallies in Arlington and
found literally no other accident or safety issue associated with pedestrians involved in
such political or charitable organization participating in such events since at least as far
back as 1997. Aside from that event, no one has been hurt in recorded history during any
similar exercise by any type of political group or organization, or any non-political event,
such as the many car washes, fire-fighting fund-raising events, or "send my band member
on a field trip" fund-raising efforts that are ongoing year-round in Arlington.
16. Two Open Carry participants were cited in late March for violating the Streets and
Sidewalks Chapter of the City of Arlington, when they provided United States
Constitutions to individuals who requested them from their vehicle. The vehicles were
stopped at a stop light, no one was hurt, and no one could colorably claim that any
dangerous activity was occurring or public safety was threatened.
17. After the two Open Carry participants were cited, the charges were later dropped as the
Arlington City Council amended the Streets and Sidewalks Chapter of the Code of
Arlington, Section 15.02, making the ordinance more strict and raised the potential fine to
$500 per occurrence, targeted the specific actions by Open Carry, and restricted the areas
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in which anyone could pass out copies of the United States Constitution, as shown in the
differences between the old and new versions of the ordinance:
a. The previous language of 15.02 stated:
"A person commits an offense if he or she stands on or in any manner occupies a
shoulder, improved shoulder, sidewalk, median or public right-of-way in the areas
set out in Section 15.03 to solicit or attempt to solicit a ride, employment or
business or charitable contributions from the occupants of any vehicle, other than
a lawfully parked vehicle."

b. The new language of the law states:
"A person commits an offense if he or she stands on or in any manner occupies a
shoulder, improved shoulder, sidewalk, median or public right-of-way in the areas
set out in Section 15.03 to solicit or attempt to solicit for purpose of an exchange
with the occupants of a vehicle, sell or offer for sale any merchandise or service
directly to the occupants of a vehicle, or distributes or attempts to distribute any
object directly to the occupants of a vehicle, other than a lawfully parked vehicle."
Id. (Underlining added.)

18. The amended law's text is freely available on the City's website since passage, which
includes an exhaustive list of prohibited streets, which effectively removes all streets with
significant traffic:
http://www.arlingtontx.gov/citysecretary/pdf/codeofordinances/STREEChapter.pdf
19. In addition, police officers threatened to jail event participants for these alleged
violations, further chilling political speech by threatening jail for a misdemeanor offense.
20. Statements made by the Council City members at various points near the passage of the
ordinance on May 13, 2014 indicate that this ordinance was deliberately targeted to
intended to preclude and make Open Carry events illegal, which occur on public
sidewalks and typically near streets.
21. At the same time that the Arlington City Council passed this ordinance, it amended
another law which restricted concealed handgun license holders at public meetings.
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22. No event precipitated this sudden interest in these restrictions other than the Open Carry
events and public demonstrations, irrespective of the fact that the Shriners and
firefighters have been standing directly in the busiest streets with the blessing of the City
Council for decades. The City has conducted no study to show that the actions of Open
Carry supporters is dangerous or has caused dangerous circumstances.
23. The City of Arlington argues that state law provides for discriminatory treatment favoring
municipal and state employees, but it is the City of Arlington that determines that it will
allow municipal employees to actually stand in the street with moving traffic, while
prohibiting Open Carry supporters from handing copies of the Constitution from a
sidewalk to a stopped vehicle, thereby discriminating on the basis of viewpoint.
24. Plaintiff Watkins was told that he would be arrested by a police officer even under the
unamended law for handing out Constitutions as he prepared one to the passenger of a car
who had requested one, while the car was stopped and without entering the street.
Violation of the ordinance is merely a misdemeanor, not subject to punishment by jail.
25. Open Carry Tarrant County conducts multiple walks a week throughout Tarrant County,
particularly on weekends when they can interact with large numbers of people and
exercise their First Amendment right to share the United States Constitution. However,
they have been told and reasonably fear citation and arrest because they have been told
that they will be cited and arrested for these activities by police and city council
members. This has caused a chilling effect on members of Open Carry's willingness to
participate as they had in the past, as no one wants to be harassed and threatened with
time in jail for doing nothing more than handing out the United States Constitution to
those who have stated that they wish to receive it.
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26. The City will suffer no hardship by being enjoined from enforcement of the new law.
27. Though council members couch supportive language for this amended ordinance as
though it is about safety, they had no such concerns for the decades that they have been
involved in public "service", until Open Carry became politically active, and though no
accident has occurred, or even near accidents or complaints of near accidents, in
connection with their political speech and demonstrations.
V. CAUSE OF ACTION
28. Prior Restraint Violation of the First Amendment - Section 15.02 of the Streets and
Sidewalks Chapter of the Code of the City of Arlington on its face acts as an invalid prior
restraint on speech, and is discriminatory as construed and applied to the individual
speech of Watkins and members of Open Carry Tarrant County, as it concerns their use
of oral communication, signs, and literature distribution on public property that is
historically the home of free speech. As such, the policy is mere pretext to violate their
right to freedom of speech under the First and Fourteenth Amendments to the United
States Constitution.
VI. PRAYER FOR RELIEF
WHEREFORE, Plaintiffs respectfully prays for relief in that this Court:
A. Assume jurisdiction over this action;
B. Enter a judgment and decree declaring that the Section 15.02 of the Streets and
Sidewalks Chapter of the Code of the City of Arlington, pertaining to the distribution of
political materials from public property to other individuals on public property, is
unconstitutional on its face and as applied to Plaintiffs' expression because it violates
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their right of freedom to speech as guaranteed by the United States Constitution and
operation of federal laws;
C. Enter a preliminary and permanent injunction enjoining defendants, their agents,
officials, servants, employees, and all persons in active concert or participation with
them, or any of them, from enforcing Section 15.02 of the Streets and Sidewalks Chapter
of the Code of the City of Arlington, so as to restrict constitutionally-protected speech of
on open public areas.
D. Award Plaintiffs an award of actual and/or nominal damages in an amount deemed
appropriate by this Court;
E. Grant to Plaintiffs an award for their costs for litigation, including reasonable
attorney's fees and expenses, pursuant to 42 U.S.C. 1988; and
F. Grant such other and further relief as appears to this Court to be equitable and just.

Respectfully submitted,

Norred Law, PLLC


By:
Warren Norred, Texas Bar 24045094
wnorred@norredlaw.com
C. Chad Lampe, Texas Bar 24045042
chad@norredlaw.com
200 E. Abram St., Ste. 300;
Arlington, TX 76010
O 817-704-3984; F 817-524-6686
Attorneys for Plaintiffs

Davis Miles McGuire Gardner, PLLC
Joshua Carden, Texas Bar 24050379
jcarden@davismiles.com
545 E John Carpenter Frwy, Suite 300
Irving TX, 75062
Phone: (972) 674-3885
Fax: (972) 674-2935
Attorney for Plaintiffs


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Case 4:14-cv-00381-O Document 1 Filed 05/28/14 Page 8 of 8 PageID 8
UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
Plaintiff
Defendant
v.
Civil Action No.
CERTIFICATE OF INTERESTED PERSONS
(This form also satisfies Fed. R. Civ. P. 7.1)
Pursuant to Fed. R. Civ. P. 7.1 and LR 3.1(c), LR 3.2(e), LR 7.4, LR 81.1(a)(3)(D), and LR 81.2,
provides the following information:
For a nongovernmental corporate party, the name(s) of its parent corporation and any
publicly held corporation that owns 10% or more of its stock (if none, state "None"):
*Please separate names with a comma. Only text visible within box will print.
A complete list of all persons, associations of persons, firms, partnerships, corporations,
guarantors, insurers, affiliates, parent or subsidiary corporations, or other legal entities that are
financially interested in the outcome of the case:
*Please separate names with a comma. Only text visible within box will print.
Case 4:14-cv-00381-O Document 1-1 Filed 05/28/14 Page 1 of 2 PageID 9
Ft. Worth Division
Kory Watkins, Open Cary Tarrant County
City of Arlington
Kory Watkins
None.
None.
Date:
Signature:
Print Name:
Telephone:
Address:
City, State, Zip:
Bar Number:
Fax:
E-Mail:
NOTE: To electronically file this document, you will find the event in our Case Management (CM/ECF) system, under Civil/Other
Documents/Certificate of Interested Persons
Case 4:14-cv-00381-O Document 1-1 Filed 05/28/14 Page 2 of 2 PageID 10
05/28/2014
/Warren V. Norred/
Warren V. Norred
817-549-0161
200 East Abram, Suite 350
Arlington, TX 76010
24045094
817-549-6010
wnorred@norredlaw.com
JS 44 (Rev. 12/12)
CIVIL COVER SHEET
The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as
provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the
purpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM.)
I. (a) PLAINTIFFS DEFENDANTS
(b) County of Residence of First Listed Plaintiff County of Residence of First Listed Defendant
(EXCEPT IN U.S. PLAINTIFF CASES) (IN U.S. PLAINTIFF CASES ONLY)
NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF
THE TRACT OF LAND INVOLVED.

(c) Attorneys (Firm Name, Address, and Telephone Number) Attorneys (If Known)
II. BASIS OF JURISDICTION (Place an X in One Box Only) III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an X in One Box for Plaintiff
(For Diversity Cases Only) and One Box for Defendant)
1 U.S. Government 3 Federal Question PTF DEF PTF DEF
Plaintiff (U.S. Government Not a Party) Citizen of This State 1 1 Incorporated or Principal Place 4 4
of Business In This State
2 U.S. Government 4 Diversity Citizen of Another State 2 2 Incorporated and Principal Place 5 5
Defendant (Indicate Citizenship of Parties in Item III) of Business In Another State
Citizen or Subject of a 3 3 Foreign Nation 6 6
Foreign Country
IV. NATURE OF SUIT (Place an X in One Box Only)
CONTRACT TORTS FORFEITURE/PENALTY BANKRUPTCY OTHER STATUTES
110 Insurance PERSONAL INJURY PERSONAL INJURY 625 Drug Related Seizure 422 Appeal 28 USC 158 375 False Claims Act
120 Marine 310 Airplane 365 Personal Injury - of Property 21 USC 881 423 Withdrawal 400 State Reapportionment
130 Miller Act 315 Airplane Product Product Liability 690 Other 28 USC 157 410 Antitrust
140 Negotiable Instrument Liability 367 Health Care/ 430 Banks and Banking
150 Recovery of Overpayment 320 Assault, Libel & Pharmaceutical PROPERTY RIGHTS 450 Commerce
& Enforcement of Judgment Slander Personal Injury 820 Copyrights 460 Deportation
151 Medicare Act 330 Federal Employers Product Liability 830 Patent 470 Racketeer Influenced and
152 Recovery of Defaulted Liability 368 Asbestos Personal 840 Trademark Corrupt Organizations
Student Loans 340 Marine Injury Product 480 Consumer Credit
(Excludes Veterans) 345 Marine Product Liability LABOR SOCIAL SECURITY 490 Cable/Sat TV
153 Recovery of Overpayment Liability PERSONAL PROPERTY 710 Fair Labor Standards 861 HIA (1395ff) 850 Securities/Commodities/
of Veterans Benefits 350 Motor Vehicle 370 Other Fraud Act 862 Black Lung (923) Exchange
160 Stockholders Suits 355 Motor Vehicle 371 Truth in Lending 720 Labor/Management 863 DIWC/DIWW (405(g)) 890 Other Statutory Actions
190 Other Contract Product Liability 380 Other Personal Relations 864 SSID Title XVI 891 Agricultural Acts
195 Contract Product Liability 360 Other Personal Property Damage 740 Railway Labor Act 865 RSI (405(g)) 893 Environmental Matters
196 Franchise Injury 385 Property Damage 751 Family and Medical 895 Freedom of Information
362 Personal Injury - Product Liability Leave Act Act
Medical Malpractice 790 Other Labor Litigation 896 Arbitration
REAL PROPERTY CIVIL RIGHTS PRISONER PETITIONS 791 Employee Retirement FEDERAL TAX SUITS 899 Administrative Procedure
210 Land Condemnation 440 Other Civil Rights Habeas Corpus: Income Security Act 870 Taxes (U.S. Plaintiff Act/Review or Appeal of
220 Foreclosure 441 Voting 463 Alien Detainee or Defendant) Agency Decision
230 Rent Lease & Ejectment 442 Employment 510 Motions to Vacate 871 IRSThird Party 950 Constitutionality of
240 Torts to Land 443 Housing/ Sentence 26 USC 7609 State Statutes
245 Tort Product Liability Accommodations 530 General
290 All Other Real Property 445 Amer. w/Disabilities - 535 Death Penalty IMMIGRATION
Employment Other: 462 Naturalization Application
446 Amer. w/Disabilities - 540 Mandamus & Other 465 Other Immigration
Other 550 Civil Rights Actions
448 Education 555 Prison Condition
560 Civil Detainee -
Conditions of
Confinement
V. ORIGIN (Place an X in One Box Only)
1 Original
Proceeding
2 Removed from
State Court
3 Remanded from
Appellate Court
4 Reinstated or
Reopened
5 Transferred from
Another District
(specify)
6 Multidistrict
Litigation
VI. CAUSE OF ACTION
Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):

Brief description of cause:
VII. REQUESTED IN
COMPLAINT:
CHECK IF THIS IS A CLASS ACTION
UNDER RULE 23, F.R.Cv.P.
DEMAND $ CHECK YES only if demanded in complaint:
JURY DEMAND: Yes No
VIII. RELATED CASE(S)
IF ANY
(See instructions):
JUDGE DOCKET NUMBER
DATE SIGNATURE OF ATTORNEY OF RECORD
FOR OFFICE USE ONLY
RECEIPT # AMOUNT APPLYING IFP JUDGE MAG. JUDGE
Kory Watkins, and
Open Carry Tarrant County
Tarrant
Warren Norred
200 E. Abram, Suite 300
Arlington, TX 76010
City of Arlington
Tarrant County
First Amendment
Prior Restraint against First Amendment expression of free speech
10,000.00
05/15/2010 /Warren V. Norred/
Case 4:14-cv-00381-O Document 1-2 Filed 05/28/14 Page 1 of 2 PageID 11
JS 44 Reverse (Rev. 12/12)
INSTRUCTIONS FOR ATTORNEYS COMPLETING CIVIL COVER SHEET FORM JS 44
Authority For Civil Cover Sheet
The JS 44 civil cover sheet and the information contained herein neither replaces nor supplements the filings and service of pleading or other papers as
required by law, except as provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is
required for the use of the Clerk of Court for the purpose of initiating the civil docket sheet. Consequently, a civil cover sheet is submitted to the Clerk of
Court for each civil complaint filed. The attorney filing a case should complete the form as follows:
I.(a) Plaintiffs-Defendants. Enter names (last, first, middle initial) of plaintiff and defendant. If the plaintiff or defendant is a government agency, use
only the full name or standard abbreviations. If the plaintiff or defendant is an official within a government agency, identify first the agency and
then the official, giving both name and title.
(b) County of Residence. For each civil case filed, except U.S. plaintiff cases, enter the name of the county where the first listed plaintiff resides at the
time of filing. In U.S. plaintiff cases, enter the name of the county in which the first listed defendant resides at the time of filing. (NOTE: In land
condemnation cases, the county of residence of the "defendant" is the location of the tract of land involved.)
(c) Attorneys. Enter the firm name, address, telephone number, and attorney of record. If there are several attorneys, list them on an attachment, noting
in this section "(see attachment)".
II. Jurisdiction. The basis of jurisdiction is set forth under Rule 8(a), F.R.Cv.P., which requires that jurisdictions be shown in pleadings. Place an "X"
in one of the boxes. If there is more than one basis of jurisdiction, precedence is given in the order shown below.
United States plaintiff. (1) Jurisdiction based on 28 U.S.C. 1345 and 1348. Suits by agencies and officers of the United States are included here.
United States defendant. (2) When the plaintiff is suing the United States, its officers or agencies, place an "X" in this box.
Federal question. (3) This refers to suits under 28 U.S.C. 1331, where jurisdiction arises under the Constitution of the United States, an amendment
to the Constitution, an act of Congress or a treaty of the United States. In cases where the U.S. is a party, the U.S. plaintiff or defendant code takes
precedence, and box 1 or 2 should be marked.
Diversity of citizenship. (4) This refers to suits under 28 U.S.C. 1332, where parties are citizens of different states. When Box 4 is checked, the
citizenship of the different parties must be checked. (See Section III below; NOTE: federal question actions take precedence over diversity
cases.)
III. Residence (citizenship) of Principal Parties. This section of the JS 44 is to be completed if diversity of citizenship was indicated above. Mark this
section for each principal party.
IV. Nature of Suit. Place an "X" in the appropriate box. If the nature of suit cannot be determined, be sure the cause of action, in Section VI below, is
sufficient to enable the deputy clerk or the statistical clerk(s) in the Administrative Office to determine the nature of suit. If the cause fits more than
one nature of suit, select the most definitive.
V. Origin. Place an "X" in one of the six boxes.
Original Proceedings. (1) Cases which originate in the United States district courts.
Removed from State Court. (2) Proceedings initiated in state courts may be removed to the district courts under Title 28 U.S.C., Section 1441.
When the petition for removal is granted, check this box.
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date.
Reinstated or Reopened. (4) Check this box for cases reinstated or reopened in the district court. Use the reopening date as the filing date.
Transferred from Another District. (5) For cases transferred under Title 28 U.S.C. Section 1404(a). Do not use this for within district transfers or
multidistrict litigation transfers.
Multidistrict Litigation. (6) Check this box when a multidistrict case is transferred into the district under authority of Title 28 U.S.C. Section 1407.
When this box is checked, do not check (5) above.
VI. Cause of Action. Report the civil statute directly related to the cause of action and give a brief description of the cause. Do not cite jurisdictional
statutes unless diversity. Example: U.S. Civil Statute: 47 USC 553 Brief Description: Unauthorized reception of cable service
VII. Requested in Complaint. Class Action. Place an "X" in this box if you are filing a class action under Rule 23, F.R.Cv.P.
Demand. In this space enter the actual dollar amount being demanded or indicate other demand, such as a preliminary injunction.
Jury Demand. Check the appropriate box to indicate whether or not a jury is being demanded.
VIII. Related Cases. This section of the JS 44 is used to reference related pending cases, if any. If there are related pending cases, insert the docket
numbers and the corresponding judge names for such cases.
Date and Attorney Signature. Date and sign the civil cover sheet.
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