A formal complaint alleging violations of the Texas Open Meetings Act has been filed with the 83rd Judicial District Attorney’s Office, calling for an investigation into actions taken by Jeff Davis County officials during a Commissioners Court meeting earlier this year.
The complaint, filed by David Flash, publisher of Big Bend Times, alleges that officials with the Jeff Davis County Commissioners Court, the County Judge’s office, and the Jeff Davis County Sheriff’s Office unlawfully interfered with public access to a meeting held on June 27, 2025, by detaining and removing him from the meeting without justifiable cause.
According to the complaint, Flash was attending the Commissioners Court meeting at the Jeff Davis County Courthouse in Fort Davis to observe and document the proceedings, an activity expressly permitted under state law. During the meeting, he was reportedly handcuffed, detained for approximately 30 minutes, and removed from the meeting room by sheriff’s deputies, preventing him from attending and observing a portion of the public meeting.
Flash was cited for disorderly conduct following the incident, but the charge was later dismissed.
In the complaint submitted to District Attorney Ori T. White, Flash alleges that his removal and detention constituted unlawful interference with public access to an open meeting, in violation of the Texas Open Meetings Act, which guarantees the public’s right to attend, observe, and record meetings of governmental bodies.
The filing argues that the use of law enforcement to remove a member of the public — particularly a journalist — without lawful justification not only denied access to the meeting but also created a chilling effect on public participation and oversight of county government.
The incident has drawn widespread attention. Reporting on the removal and detention has appeared in The Texas Tribune, NewsWest9, and the Big Bend Sentinel, among others. In total, more than 30 news articles by different publications have documented the incident and its aftermath. The episode has also been recorded by the United States Press Freedom Tracker, which monitors press-freedom violations nationwide.
The complaint asks the district attorney’s office to investigate whether violations of the Open Meetings Act occurred and, if appropriate, to pursue enforcement action or refer the matter to a special prosecutor in light of potential conflicts involving county officials.
Under Texas law, violations of the Open Meetings Act can carry criminal penalties, and complaints are handled by local prosecutors with jurisdiction over the governmental body involved.
As of publication, officials with the Jeff Davis County Commissioners Court and the Sheriff’s Office had not publicly commented on the filing. The District Attorney’s Office has not indicated whether it will open an investigation or seek outside review.
Flash stated that the complaint was filed to ensure enforcement of Texas’s open-government laws and to protect the public’s statutory right to attend and observe governmental meetings without interference.
