HOUSTON – Following unanimous support from Harris County Commissioner’s Court, Harris County Attorney Abbie Kamin has made her argument at the Fifth Circuit opposing efforts to rollback Texas public safety laws that limit firearms in sensitive locations where alcohol is served, including bars, stadiums, as well as school and professional sporting events.
Given the significant interest Harris County has in the safety of our community and the safety of law enforcement personnel, County Attorney Kamin has filed as amicus brief in Ziegenfuss v. Martin. The lawsuit was brought by individuals and organizations trying to eliminate Texas laws related to firearm safety, including an out-of-state gun rights advocacy group. Thusfar, Texas Attorney General Ken Paxton has refused to defend the State and its duly enacted laws that protect residents. District Court Judge Mark Pittman (Northern District TX) — a Trump appointee — held in favor of the State that Texas’ firearms laws do not violate the Constitution. That decision is now on appeal, leading Kamin to file on behalf of the County.
County Attorney Kamin explained, “Paxton may not want to defend the laws of our State, but here in Harris County we will stand up for the rule of law.”
In the lower court decision, it was noted that reasonable laws like this allow common sense restrictions when it comes to places like the Rodeo, a baseball game, or a high school football game.
“Texas families and local businesses have relied on these protections for decades, and unfortunately, the plaintiffs in this case are seeking to needlessly endanger residents. We should be doubling down on gun-violence prevention efforts, not rolling back protections that keep our communities and law enforcement safe,” said County Attorney Kamin.
District Attorney Sean Teare, another advocate for public safety, has also signed on to the County’s brief.
“Gun violence is both a public safety and public health crisis, and it continues to devastate communities across our county. I’ve spent my career prosecuting violent crime and I can tell you unequivocally: guns and alcohol are a deadly combination,” said District Attorney Teare. “We have a responsibility to do everything we can to prevent that combination from turning a bad decision into a tragedy and to protect public spaces where families gather. I’m incredibly grateful to County Attorney Kamin and every member of Commissioners Court for supporting this brief and standing up for safer communities.”
The case is now on appeal at the Fifth Circuit. Joining County Attorney Kamin are other amicus, including beloved Texas professional sports organizations such as the Houston Astros, Dynamo, Dash, Houston Livestock Show & Rodeo, FC Dallas, and Austin FC.
The brief points out in the past five years, law enforcement from the Harris County Sherriff's Office and Constable’s offices have only had to respond to a handful of incidents relating to guns in bars. If protections are stripped away at locations at issue where at least 51% of sales come from alcohol, that number could significantly grow. A study from Johns Hopkins University reveals that across the nation, approximately one third of individuals who committed homicide with a firearm had been drinking heavily.
The amicus brief can be read in its entirety here.