Honorable Judge Glen Whitley

ID: LSG-2016-TX-0040

County Judge
100 East Weatherford Street
Fort Worth, Texas 76196
gwhitley@tarrantcounty.com
Sent via: Electronic mail
August 26th, 2016
Re: Notice of Complaint as to the Wrongful Exclusion of Concealed Handgun License Holder
Honorable Judge Glen Whitley,
My name is Isaiah X. Smith this letter to you is an official complaint as to Tarrant County unlawfully
posting signs at the Tim Curry Criminal Justice Center prohibiting all weapons from the Justice Center.
The Tim Curry Criminal Justice Center is located at 401 W Belknap St, Fort Worth, TX 76102.
The Tim Curry Criminal Justice Center is a multi-story, multipurpose building that houses the Tarrant
County District Attorneys Offices, Criminal District Courts, the Public Defenders Office, attorney
lounges, and Parts of the Tarrant County Sheriffs Office, the District Clerks Offices, public lounges, other
offices and et cetera.
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), GA0271 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 Tim Curry Criminal Justice Center are offices
essential to the operation of the courts. For example, the district attorneys office, and some other
offices and sections of the justice center that are located inside of the Tim Curry Criminal Justice Center
are non-judicial administrative offices and sections that 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
that multipurpose building.
I believe that the hallways, stairwells, elevators, common areas, and restrooms are not necessary to the
operation of the courts and that Tarrant County must immediately allow individuals to carry weapons in
those areas and in other areas of the Tim Curry Criminal Justice Center.
Please note that Tarrant County has three business days to remove all signs from the Tim Curry Criminal
Justice Center that unlawfully prohibit individuals from carrying weapons into the Tim Curry Criminal
Justice Center. If Tarrant 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 as to this issue.
A response as to my letter to you would be greatly appreciated. It would be preferred if you would reach
me by electronic mail at: iscampaign@usa.com. You can also send me a correspondence by mail to me
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

EXHIBIT 1

Honorable Judge Glen Whitley

ID: LSG-2016-TX-0042

County Judge
100 East Weatherford Street
Fort Worth, Texas 76196
gwhitley@tarrantcounty.com
Sent via: Electronic mail
August 30th, 2016
Re: Notice of Complaint as to the Wrongful Exclusion of Concealed Handgun License Holder(s) at the
Tarrant County Courthouse
Honorable Judge Glen Whitley,
My name is Isaiah X. Smith and this letter is being sent to you as an official complaint as to Tarrant
County unlawfully refusing and prohibiting to allow individuals to conceal carry guns into the Tarrant
County Court House. The Court House that I am referring to is located at: 100 E Weatherford St, Fort
Worth, TX 76196. While no signs to my knowledge are posted that prohibits individuals from conceal
carrying guns into the Tarrant County Court House, Sheriff Deputies with the Tarrant County Sheriffs
Office have threatened to arrest individuals that are conceal carrying guns at the Tarrant County Court
House through a criminal trespass per their policy and the directives that were given to them.
The Tarrant County Courthouse that is located at: 100 E Weatherford St, Fort Worth, TX 76196, is a
multi-story, multipurpose building that houses County Clerks Offices, Property Filing Office, Deed
Records Office, Micro Film Lab, Facilities Management Office, Constables Office, County Clerk
Administrative Offices, County Court At Laws, Justice of the Peace Courts, a Law Library, public
restrooms, public snack lounges, a public telephone booth and other offices and sections at to the
Tarrant County Court House. Please note that not all county clerks offices in Tarrant County deal with
the courts due to the fact that some county clerks offices deal with property filing, deed records, vital
records and et cetera.
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).

Page 1 of 3

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), GA0271 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 Tarrant County Courthouse are offices essential
to the operation of the courts. For example, the facilities management offices, law library, property filing
offices, some county clerks offices, micro film lab office, the constables offices, restrooms, public snack
lounges and some other sections and offices as to the Tarrant County Courthouse are non-judicial
administrative offices and sections that 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 that
multipurpose building.
I believe that the hallways, stairwells, elevators, common areas, restrooms, facilities management office,
constables office, law library, micro film lab, public snack lounges, property filing offices, some clerks
offices, and some other offices and sections at the Tarrant County Court House are not necessary to the
operation of the courts and that Tarrant County must immediately allow individuals to conceal carry
guns in those areas and possibly in other areas of the Tarrant County Courthouse that is located at: 100
E Weatherford St, Fort Worth, TX 76196.
Please note that Tarrant County has three business days to remove any and all signs that have the intent
as to prohibiting guns into the Court House and that Tarrant County must stop its employees from
unlawfully prohibiting individuals from conceal carrying guns into the Tarrant County Court House. If
Tarrant 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 my letter to you and the actions that Tarrant County is going to take as to
Page 2 of 3

addressing this issue as for the purpose as to preventing a violation of the law from occurring as to this
issue.
It would be preferred if you would reach me by electronic mail at: iscampaign@usa.com. You can also
send me a correspondence by mail to me 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

Page 3 of 3

Mr. David K. Hudson

ID: LSG-2016-TX-0042r1

Assistant District Attorney

Tarrant County Criminal District Attorneys Office Civil Division
Tim Curry Criminal Justice Center
401 West Belknap, 9th Floor
Fort Worth, Texas 76196
DKHudson@tarrantcountytx.gov
Sent via: Electronic mail
August 31st, 2016
Re: Clarification per second complaint notice as to the Tarrant County Courthouse
Mr. David K. Hudson,
Thank you for your letter to me. See Exhibit A. As to my first complaint notice as to the Tim Curry
Criminal Justice Center and as to my complaint notice as to the Tarrant County Courthouse (A.K.A
Historic Courthouse).
Per your clarification request as to my second complaint notice, the Tarrant County Court House that I
am referring to is the one that is located at: 100 W. Weatherford Fort Worth, Texas 76196. A picture of
the Tarrant County Court House that I am referring to is as follows in which has the big clock on it:

Please note that my second complaint notice is as to what is commonly known as the "Historic
Courthouse" in Downtown Fort Worth of Tarrant County, Texas. Please note that the Historic
Courthouse houses not only judicial offices but it also house non-judicial offices.
It would be preferred if you would reach me by electronic mail at: iscampaign@usa.com. You can also
send me a correspondence by mail to me 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

EXHIBIT A