Stand with David Flash and Big Bend Times Against Corruption >>
“The degree to which this order violates Flash’s rights is so broad, it’s difficult to know where to start,” the motion reads, citing infringement of First, Fifth, Fourteenth, and Fifteenth Amendment protections.
That legal argument prevailed Tuesday, June 10, when the court struck down an order that had barred journalist David Flash from entering any Jeff Davis County buildings or coming within 300 feet of county officials or employees. The order, dated April 25, 2024, was issued by County Judge Curtis Evans without court authority and threatened Flash with arrest and jailing in Hudspeth County for any violation.
Flash had been arrested that same day on two misdemeanor charges—terroristic threat and harassment—but court documents confirm only the harassment charge remains. His bond, set by a magistrate in neighboring Culberson County, included no restrictions on proximity to county buildings or officials. The courthouse access restrictions were not included in the bond and were never formally served on Flash.
Despite that, the posted notice at the courthouse stated Flash “is not permitted access to any Jeff Davis County Building or within 300’ of said buildings.” The notice was not supported by any statute and appeared to be unilaterally issued by Evans, who later recused himself from the case.
Flash’s attorney, Shane O’Neal, filed a motion for habeas relief in early June, arguing the courthouse ban was not only unauthorized but unconstitutional. The motion pointed out that such restrictions could only be imposed through valid bond conditions and must meet the standards of reasonableness, necessity, and legal authority. “Bond conditions must not unreasonably impinge on an individual’s constitutional rights,” it states, citing Ex parte Allen, a 2022 appellate case.
The restrictions barred Flash from the county clerk’s office, tax assessor’s office, sheriff’s office, library, and other essential government functions. As a journalist and publisher, Flash argued the order severely impeded his ability to perform constitutionally protected work and petition the government.
Two days after the order was posted, Deputy King Merritt stopped Flash near his home and reportedly warned him that he could be arrested if he approached the courthouse, reinforcing what Flash has called a campaign of intimidation.
Legal scholars have noted that excluding a person from public buildings based on unproven allegations without court process violates both due process and constitutional protections around access to government. Flash’s case has drawn attention from civil liberties advocates and press freedom organizations.
The now-vacated order adds to a growing list of questionable actions by county officials. Jeff Davis County has already acknowledged spending over $14,000 to block the release of records related to a previous investigation into Flash that resulted in no charges. Flash has indicated he will pursue further civil remedies, citing ongoing retaliation for his journalism and public records work.
As of now, Flash remains free under the original bond terms, which prohibit contact with the alleged victim but impose no restrictions on public access or government buildings. One of the original charges has been dropped, and legal efforts to hold the county accountable for its actions continue.
1 Comment