Honorable

Judge Clay Jenkins

ID: LSG-2016-TX-0058

Dallas County Judge

11 Elm Street

Dallas, Texas 75202

clay.jenkins@dallascounty.org

Sent via: Electronic mail

December 19th, 2016

Re: Notice of Complaint as to the Wrongful Exclusion of Concealed Handgun License
Holder(s)

Honorable Judge Clay Jenkins,


My name is Isaiah X. Smith and this letter is being sent to you as an official complaint
as to Dallas County unlawfully refusing and prohibiting to allow individuals to
conceal carry guns into the Frank Crowley Courts Building, the George L. Allen, Sr.
Courts Building, the Henry Wade Juvenile Justice Center, and the Dallas County
Courthouse. The contact details as to the Courthouses in which I am referring to are
as follows:

1. Frank Crowley Courts Building: 133 N Riverfront Blvd, Dallas, TX 75207
2. George L. Allen, Sr. Courts Building: 600 Commerce St, Dallas, TX 75202
3. Henry Wade Juvenile Justice Center: 2600 Lone Star Dr., Dallas, TX 75212
4. Dallas County Courthouse: 600 Main St, Dallas, TX 75202


As you may already know, the Frank Crowley Courts Building, the George L. Allen,
Sr. Courts Building, the Henry Wade Juvenile Justice Center, and the Dallas County
Court House are multi-story, multipurpose buildings in which houses judicial and
non-judicial offices. Some of the offices include the Dallas County District Attorneys
Offices, Dallas County Clerks Offices, Dallas County Sheriffs Offices, Dallas Police
Department Offices, public restrooms, public snack lounges, attorney lounges,
elevators, common areas, stairwells, hallways and et cetera. Please note that not all
offices and sections inside of the Frank Crowley Courts Building, the George L. Allen,
Sr. Courts Building, the Henry Wade Juvenile Justice Center, and the Dallas County
Courthouse are essential to the operations of the courts.

As you may already know, Section 411.209(a) of the Texas Government Code states
as follows:

A state agency or a political subdivision of the state may not provide notice by a
communication described by Section 30.06, Penal Code, or by any sign expressly referring to
that law or to a concealed handgun license, that a license holder carrying a handgun under
the authority of this subchapter is prohibited from entering or remaining on a premises or
other place owned or leased by the governmental entity unless license holders are
prohibited from carrying a handgun on the premises or other places by Section 46.03 or
46.035, Penal Code.
See TEX. GOV'T CODE 411.209(a).

Section 46.03 of the Penal Code prohibits a person, including a handgun license
holder, from bringing weapons on certain premises. Violation of this section
constitutes a third degree felony. Specifically, section 46.03(a)(3) allows the
exclusion of weapons from "the premises of any government court or offices utilized
by the court, unless pursuant to written regulations or written authorization of the
court[.]" Further, Attorney General Opinion KP-0047 (2015) stated "'[t]he premises
of a 'government court or office utilized by the court' means a government
courtroom or those offices essential to the operation of the government court."
Additionally, Attorney General Opinion KP-0047 stated "the responsible authority
that would notify license holders of their inability to cant on respective premises
must make the determination of which government courtrooms and offices are
essential to the operation of the government court." The OAG acknowledges that
decisions such as this are for the governmental entity in the first instance, subject to
review for abuse of discretion. Tex. Att'y Gen. Op. Nos. KP- 0007 at 2 (2015), GA-
0843 at 2 (2011), GA-0271 at 3 (2009), GA-0472 at 3 (2006); see also Comrn 'rs CI.
of Titus Cnly. v. Agan, 940 S.W.2d 77, 80 (Tex. 1997) (recognizing district court's
supervisory control over a commissioners court that abuses its discretion).
Please note that not all of the offices and sections of the

Please note that not all offices and sections that are inside of the Frank Crowley
Courts Building, the George L. Allen, Sr. Courts Building, the Henry Wade Juvenile
Justice Center, and the Dallas County Courthouse are offices that are essential to the
operation of the courts. I hope that you are aware that non-judicial administrative
offices and sections are not included in the specific exempted places listed under
section 46.03 or 46.035 of the Penal Code. As you may already know, Section
46.03(a)(3) of the Penal Code does not allow a political subdivision to prohibit
licensed handgun holders from entering into an entire building simply because the
courts or the offices of the courts are located in a portion of the multipurpose
buildings.

I believe that the hallways, stairwells, elevators, common areas, restrooms, District
Attorneys Offices, Sheriffs Offices and other offices are not necessary to the
operation of the courts and that Dallas County must immediately allow individuals
to conceal carry guns in those areas and possibly in other areas of the Frank

Crowley Courts Building, the George L. Allen, Sr. Courts Building, the Henry Wade
Juvenile Justice Center, and the Dallas County Courthouse.

Please note that Dallas County has three business days to remove any and all signs
that have the intent as to prohibiting guns into the aforementioned courthouses and
that Dallas County must stop its employees or agents acting on behalf of Dallas
County from unlawfully prohibiting individuals from conceal carrying guns into all
of the aforementioned courthouses. If Dallas County refuses to do so within three
business days, as a citizen of the State of Texas I will be forced to file a complaint
with the Texas Attorney Generals Office pursuant to Section 411.209 of the Texas
Government Code as to this issue.

A written response as to my letter to you would be greatly appreciated. Please
identity whether to not you will be in compliance with the law and the actions that
Dallas County is going to take as to addressing this issue as for the purpose as to
preventing a violation of the law from occurring as to this issue. You can reach me
by email at: iscampaign@usa.com. You can also send me a letter at the following
mailing address:
Isaiah X. Smith

Isaiah Smith Campaign

P.O Box 163411

Fort Worth, Texas, 76161

Respectfully,

Isaiah X. Smith

Isaiah Smith Campaign

P.O Box 163411

Fort Worth, Texas, 76161

www.isaiahxsmith.com