Stand With Big Bend Times Against Corruption
“If Mr. David Wayne Flash is found to be in violation of this order he is to be arrested and placed in the Hudspeth County Jail,” reads a notice posted in the Jeff Davis County Courthouse on April 25, 2024. The order, issued by County Judge Curtis Evans, bans Flash from entering any county building or coming within 300 feet of any Jeff Davis County official or employee.
The posted order is not part of Flash’s bond conditions, which were modified by the magistrating judge on the day of his arrest to allow him access to the courthouse for professional purposes. The bond, which includes no proximity restrictions, prohibits only direct or indirect communication with the alleged victim, Justice of the Peace Mary Ann Luedecke.
The courthouse notice, however, imposes sweeping restrictions that are not rooted in any state statute or judicial authority. It effectively bars Flash from participating in public life in Jeff Davis County by banning him from the courthouse, library, fire station, chamber of commerce, sheriff’s office, and even proximity to elected officials and county employees.
The order’s legal foundation is nonexistent. The Texas Constitution guarantees access to public buildings and government proceedings, and restrictions on movement or association must be imposed by a court as a condition of bond or protective order with due process. Flash’s magistrating judge explicitly removed any proximity clause from his bond to ensure his ability to continue reporting and covering courthouse proceedings.
The April 25 order was never served to Flash. Instead, he discovered it only after receiving discovery materials related to two misdemeanor charges filed against him—terroristic threat and harassment—both of which he contends are politically motivated. According to court documents, only the harassment charge is still being pursued.
Two days after the order was posted, Flash was pulled over by Deputy King Merritt near his home workspace outside Fort Davis. The stop, which occurred without probable cause, resulted in Merritt threatening him with arrest if he went near the courthouse—mirroring the language of the unlawful order.
Legal experts note that arbitrary exclusion from public property based on an unadjudicated accusation violates the First and Fourteenth Amendments. “Prior restraint on public participation requires strict scrutiny and clear statutory basis,” said one constitutional scholar, referring to established legal precedent.
The notice threatens incarceration without any judicial hearing, relying solely on a directive from the county judge. This extrajudicial maneuvering underscores what Flash and civil liberties advocates view as a dangerous abuse of power.
Jeff Davis County has already admitted in writing that it spent over $14,000 on legal fees to prevent the release of documents related to a prior investigation into Flash—an investigation that yielded no charges. Flash argues that the continued harassment and misuse of government authority is part of a broader campaign of retaliation for his investigative journalism and public records requests.
With one of the two charges already dropped and no legal mechanism to enforce the posted courthouse ban, Flash is exploring all legal remedies, including seeking injunctive relief and filing additional civil claims against the county.
The case raises critical questions about due process, abuse of power, and the rights of journalists to report on public affairs without fear of retaliation by government actors. As it stands, Jeff Davis County has imposed a punitive order unsupported by law, and continues to enforce it through intimidation rather than court authority.
