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The Editor - LULAC's Motion to Dissolve Ex Parte TRO

The Editor - LULAC's Motion to Dissolve Ex Parte TRO

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Published by: Editor on Apr 23, 2013
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10/18/2013

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The Editor - LULAC's Motion to Dissolve Ex Parte TROThe Editor: Cry baby National LULAC cries to the DistrictCourt to dissolve the ex parte temporary restraining order infavor of Domingo Garcia to keep National LULAC from tryingto prevent Domingo Garcia from being a candidate for LULAC National President on four grounds:
 
1, The TRO was improper under applicable rules
 
2. No irreparable damage
 
3. The TRO violates Rule 683
 
4. The TRO Violates LULAC's First Amendment Rights and isan unconstitutional prior restraint
 
1, The TRO was improper under applicable rules
 
The TRO that was requested is referred to in the legal world asan ex parte temporary restraining order. Ex parte basicallymeans that the opposing party might and might not be in court before the judge that is hearing a plea for an ex parte TRO. Ex parte TRO's are common in Texas civil court proceedings,where a party might want to freeze the assets of opposing partyto keep that party from squandering funds, or to restrainimmediately commissions or omissions by opposing party thatmight cause irreparable harm to moving party. It is "Gabriel's torestrain an abusive husband from beating up on the wife,shutting off the water, electricity, telephone, taking of spousal property, taking the children in divorce proceedings. It mosthappen hundreds of time a day in Texas courts. The opposing party might something to cry about, but the court usually takesthe position that all ex parte TRO must be heard a second timewithin a 14 day of its issuance.
 
 
 
Domingo Garcia was informed by National LULAC on March29, 2013 that he was not qualified to run for the office of President of National LULAC. This response was based on aletter from Domingo Garcia of National LULAC the previousday that he was announcing his candidacy for the office of  National President of LULAC.
 
 National LULAC's letter stated no more, not that DomingoGarcia could challenge the decision at the NationalLULAC Convention in Las Vegas.
 
A person running for national office of LULAC could havecontinued his campaign without regard to the LULAC noticethat he was not qualified to run for the national office. The burden for Domingo Garcia was a candidate running for nationaloffice expending time and money tainted by the LULAC letter of denial.
 
The letter was not enough for National LULAC. They sued himto have the court enjoin him from running for the NationalPresident of LULAC.
 
What National LULAC wanted was to have Domingo Garciacarry this heavy burden, the LULAC denial letter and now thelawsuit, through the day of election and not be bothered by itsimpact on Domingo's Garcia's candidacy. Trial for the LULACcase against Domingo Garcia would not be held until after theConvention, after LULAC had held its election and parliamentary fights on the convention floor.
 
 No credible candidate for national office of a national civilrights organization would widdle his campaign days with such a
 
 burden, with such a heavy cross to bear. Supporter of candidates want candidates who fight the proper fight at the proper time. Domingo Garcia is proving to be such a person.
 
 National LULAC made the strategic mistake of suing DomingoGarcia. What did they expect? Did they expect for DomingoGarcia to not react, to lay dormant, to spend time, energy andmoney, knowing that at any time, National LULAC could freezehim out as a candidate by asking the court for a temporaryinjunction to keep Domingo Garcia from being a candidate,from campaigning or to campaign while being required to tellthe LULAC community that he was a candidate for office thathe was not qualified to run for.2. No irreparable damage
 
The irreparable damage is immediate for a candidate running for national LULAC office. The irreparable damage started theminute that the letter became public. The irreparable damagewas elevated when National LULAC filed its lawsuit againstDomingo Garcia. It is damage that has no cure.
 
Tell a judge who runs for any state elected office in Texas thathe is not qualified to run for that office and you will be taken tocourt in a New York minute.
 
The damage is immediate and is irreparable. The LULAC National Convention is to be held on June 17 - 22, 2013. Thereare just over 60 days to campaign.
 
The purpose of the letter and then the lawsuit was to irreparablyhurt Domingo Garcia. Domingo Garcia would have none of that.
 

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