CAUSENO.TEXASRIGHTTOLIFECOMMITTEE,INC.
Plaintiff,
v.BOBDEUELL
Defendant.
§§§§§§§§§§INTHEDISTRICTCOURTOFHARRISCOUNTYJUDICIALDISTRICTPLAINTIFF’SORIGINALPETITIONTOTHEHONORABLEJUDGEOFSAIDCOURT:
Plaintiff Texas Right to Life Committee, Inc. (“Texas Right to Life”) files this OriginalPetition in complaint of Bob Deuell. In support thereof, Texas Right to Life would show theCourt the following:
I.DISCOVERYCONTROLPLAN
Discovery in this case should be conducted in accordance with Rule 190.3 [Level 2] of the Texas Rules of Civil Procedure.
II.PARTIES
Plaintiff Texas Right to Life Committee, Inc., the oldest, largest, and only statewide pro-life organization in Texas, is a not-for-profit corporation that works to spearhead a pro-lifeagenda in the Texas Legislature by, among other activities, tracking and publishing the votingrecords of elected officials on key pieces of legislation that support the defense of innocenthuman life from the moment of conception until natural death. It is organized under Texas lawand maintains its principal place of business in Houston, Harris County, Texas.
6/5/2014 11:12:47 AM
Chris Daniel - District Clerk Harris County
Envelope No. 1452510
By: Sherryl Dewalt
201432179
152
nd
Page 2Bob Deuell is the current incumbent State Senator for Senate District 2 and may beserved at 6403 Creekside Drive, Greenville, Hunt County, Texas 75402. Bob Deuell wasdefeated in the recent Republican Primary Run-off Election on May 27, 2014.
III.JURISDICTIONANDVENUE
This Court has personal jurisdiction over the Defendant because he resides in Texas, andbecause a substantial part of the events giving rise to this cause of action occurred in Texas.The matters in controversy fall within this Court’s general jurisdiction, and the amount incontroversy exceeds this Court’s minimum jurisdictional limits.Venue is proper in Harris County, Texas, whereupon information and belief, all or asubstantial part of the causes of action set forth herein arose.
IV.FACTUALBACKGROUND
Texas Right to Life is a Texas not-for-profit corporation that is primarily engaged inpromoting the common good and general welfare of the people of Texas by advancing the causeof life. Texas Right to Life achieves this purpose by informing the public on the myriad lifeissues and influencing legislation relevant to advancement of the pro-life cause.During the March 4, 2014 Republican Party Primary, Defendant was a candidate for re-election to the office of State Senator for Senate District 2.
Defendant faced two challengers inthe March Republican Primary wherein he received 48.49% of the vote forcing a run-off electionwith Bob Hall who received 38.81% of the vote in the March Republican Primary.
1
Senate District 2 is composed of Delta, Hopkins, Hunt, Rockwall, Kaufman, Fannin, Rains, and Van Zandtcounties, and parts of Dallas County.
Page 3Pursuant to T
EX
. E
LEC
. C
ODE
C
H
. 172, the Run-off Primary Election was conducted onMay 27, 2014. Defendant was defeated in the run-off election.
2
During the 83
rd
Session of the Texas Legislature, Defendant Bob Deuell authored SB303.Texas Right to Life aggressively opposed SB303 during the 83
rd
Texas Legislature ascounter to the pro-life cause. Texas Right to Life testified against the legislation, lobbied othermembers of the legislature to defeat the measure, and published editorials detailing its position tothe general public through various media outlets. Texas Right to Life was joined by seventeenother state and national organizations in opposing SB303.On or about May 7, 2014, Texas Right to Life produced and recorded a radio ad fordissemination on radio stations throughout Senate District 2, informing the public of Defendant’sauthorship and support of legislation that was contrary to the pro-life cause in Texas.On or about May 9, 2014, Texas Right to Life hired a third party to purchase air time fortheir radio ad on radio stations that would reach the general public to inform the public on theissue concerning Defendant’s voting record.On or about May 14, 2014, Defendant engaged legal counsel to contact at least two of theradio stations with which Texas Right to Life had contracted to air their radio ad and demandedthe immediate cessation of the broadcasting of Texas Right to Life’s radio ad.Upon receipt of the cease and desist letter from Defendant’s counsel, both CumulusMedia and Salem Communications halted the airing of Texas Right to Life’s radio ad inviolation of the rights of Texas Right to Life to buy and publish its opinions and facts regardingcandidates in Texas elections.As means of mitigation and in response to the disruption of the original radio ad byDefendant, Texas Right to Life purchased additional air time on these same stations to achieve
2
Bob Hall received 50.41% of the vote and Bob Deuell received 49.58% of the vote.
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