A voicemail left by Big Bend Times publisher David Flash to the County Attorney’s Office concerning possible violations of Texas Truth-in-Taxation laws has been cited by county officials as purported “evidence” of harassment — an extraordinary escalation in what Flash describes as a retaliatory campaign by local officials seeking to silence lawful reporting.
The message, left in November 2023, addressed a straightforward question: Was the county in compliance with its statutory obligation to publish tax rate and budget data online, as required by Texas law? The data did not appear on the county’s website. Flash noted that while mailing notices is a legal alternative, it is inefficient, costlier for taxpayers, and less transparent.
“So either the county appears out of compliance, or to be complying in a less efficient way than they should,” Flash said in the message. “I am leaving this message for you because you are the county attorney’s assistant. Please forward it to the county attorney, as he represents the county in matters concerning legal compliance.”
He added:
“Please note that this call is being documented. Not returning the call or treating me differently than any other citizen or member of the media constitutes discrimination — and it is actionable. I’m documenting every single thing the county does that is not legal, because frankly, y’all should follow the law. If we can’t trust you to govern yourselves, what are y’all doing governing other folks?”
The message also briefly referenced a prior public outburst by the county attorney’s assistant, Lisa Dennison, who had yelled at Flash in a Fort Davis café in an incident witnessed by several patrons. Flash referenced the event in the context of self-governance and professionalism:
“Lisa, what that means is — if you get the desire to scream at somebody, governing yourself means you control that and don’t behave like that in public.”
The voicemail was measured, legally grounded, and delivered in a calm tone. Yet it has now been cited by officials as part of the justification for criminal charges brought against Flash by Justice of the Peace Mary Ann Luedecke — a highly irregular move that raises serious First Amendment concerns.
Flash, who has extensively documented the conduct of Jeff Davis County officials, said the county’s use of his lawful inquiry as alleged criminal evidence reflects a dangerous misuse of public office.
“It is alarming that a legitimate, constitutionally protected attempt to ensure government compliance with state law is being rebranded as criminal conduct,” Flash said. “No citizen should be punished for asking whether their government is following the law. That principle is foundational to a free society.”
Flash also emphasized that his intention was not to provoke but to encourage lawful behavior and transparency. “This is not personal,” he said. “I take no pleasure in reporting negatively on the place I once called home. But when public officials behave unlawfully or unprofessionally, and refuse to engage in basic accountability, they undermine trust in local government and damage the integrity of the community as a whole.”
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