Judge rejects ag comissioner’s challenge to Texas Senate’s COVID-19 test requirements

(The Center Square) – A district judge rejected a lawsuit filed against Texas Lt. Gov. Dan Patrick and the state Senate over a requirement for individuals to receive a negative COVID-19 test before entering the Senate. The state House imposes no such policy.

Texas Agricultural Commissioner Sid Miller and Houston-based Dr. Steve Hotze sued Patrick and others in March, arguing that requiring everyone to take a daily COVID-19 test as a requirement to enter the senate or show proof of vaccination, and barring them from entry if they don’t, is unconstitutional.

In a short order issued Friday, Travis County District Judge Jan Soifer said the court lacked jurisdiction and therefore denied Miller’s request for an injunction blocking the testing requirement, and dismissed the lawsuit.

Houston-based attorney Jared Woodfill, who represents the plaintiffs, said he will appeal.

“I never thought I would see the day when a Republican majority in the Texas Senate would require one to take an experimental vaccine or a medical exam to exercise their rights under the First Amendment,” Woodfill said. “We are hopeful the Texas Supreme Court will right this wrong and restore the rights afforded to all Texans under the Constitution.”

During last week’s hearing, Woodfill argued that the Senate’s requirement violates the First Amendment’s protection of free speech and the right to petition the government for those who object to take the test or be vaccinated.

In January, Senate Resolution 1 passed unanimously by the Republican-majority Senate, requiring all members of the public to first take a COVID-19 test to gain entry to the Senate gallery or committee hearing.

The tests are administered free of charge at the Capitol’s north entrance. Once the test comes back negative, individuals are given a purple wristband that are good for one day.

At the hearing, Miller, who testified that he will not get an mNRA COVID-19 vaccine and will not take a test to prove he does not have a virus, told Soifer, “I believe in transparency. I believe in open government. And this restricts the public’s access to petition their government.”

The State Attorney General’s Office defended the Senate policy, arguing the test requirement is reasonable and only limits in-person participation in government. While constituents cannot testify virtually, they can contact senators by email or phone, submit written testimony or watch Senate meetings online.

“There are many alternate means to participating in petitioning government (and) observing sessions,” Emily Ardolino, deputy chief of general litigation in the state Attorney General’s Office, said. “It really just comes down to, they don’t want to. Disagreement with a government policy does not create a constitutionally protected right.”

Hotze, who has sued Gov. Greg Abbott and other officials over coronavirus-related regulations and mandates, had hoped to testify in numerous Senate hearings this year related to issues pertaining to his and others’ lawsuits. Miller can only represent the state Department of Agriculture in person at the Senate if he submits to the purple wristband policy. Both would have been willing to testify via Zoom or any other digital platform, but these methods are prohibited by the Senate.

“Lt. Gov. Dan Patrick is leading an unconstitutional effort to shut down access to the people’s access to their government,” Woodfill told The Center Square. “A medical procedure has never been required to access one’s government. Here, the situation is more egregious when you consider that the Texas House and public areas of the Capitol do not require one to undergo a COVID test prior to entering the respective areas. Gov. Abbott is opening up businesses while Patrick is shutting down the people’s access to their government.”

Disclaimer: This content is distributed by The Center Square