A Travis County judge ruled Oct. 27 that the Transgender Education Network of Texas can go after the names of whoever sent mailers and texts pretending to be from TENT.
Judge Jan Soifer allowed TENT’s request for testimony before a potential lawsuit to proceed, the Austin American-Statesman reported. Depositions were set for Oct. 29 with Infobip, the telecom provider used for the texts, and Oct. 30 with the Texas Transgender Student Union LLC, according to CBS News Texas.
The ruling permits evidence gathering; it does not establish who funded the campaign or whether anyone committed wrongdoing. The Statesman reported that lawyers were asked to propose an order on disclosing identities by Oct. 28.
TTSU’s Lawyer Says It’s Free Speech and He’ll Appeal
Chris Hilton represents TTSU. He told the judge he also represents “the parties who are clients of InfoBip,” CBS reported. He didn’t name them.
Hilton argued the mailers were protected speech and said TENT wanted to expose his clients to online harassment. He blamed the nearly matching return address on a printer’s typo.
He told the court he’d appeal.
Mimi Marziani, TENT’s lawyer, said the senders were “flouting Texas law and going to great lengths to shield themselves from public scrutiny.” TENT estimates 3.6 million to 4.2 million mailers went out, she said. TENT’s whole yearly budget is about $1 million.
The Texts and the ‘Texas Transgender Student Union’ Mailers
Texans started getting the texts the week before early voting. They came from numbers with a 432 area code, which covers West Texas.
The texts directed recipients to a real TENT school toolkit and information about gender-affirming care, making them appear connected to the organization.
TENT said Oct. 13 that “these text messages were not authored, authorized, approved, or distributed by TENT.”
Then came the mailers, addressed to “students” in homes from San Antonio to the Panhandle, KUT reported. They listed four LGBTQ+ groups, TENT among them. All of them say they had nothing to do with it.
The LLC was formed in Wyoming on Sept. 2, using an address at 30 N. Gould St. in Sheridan, CBS News Texas reported. The Ken Paxton and James Talarico campaigns both told CBS they weren’t involved.
Threats Against TENT and OutYouth’s Closed Doors
TENT’s petition says it has gotten “an onslaught of hate and violent threats.” The group has deactivated its website, suspended programming and hired security, CBS reported.
OutYouth in Austin temporarily closed in-person programs to improve security. Telehealth counseling and virtual programs continue, executive director Jaryn Holbrook Janeway told KUT.
Stogner’s Forgery Probe and a Call for an AG Investigation
Sarah Stogner, the Republican district attorney for Loving, Ward and Reeves counties, opened a forgery investigation into the mailers. “People are angry,” she told FOX 26 Houston. KUT reported her investigation won’t wrap up until well after the election.
State Rep. Jeff Leach has asked for an attorney general investigation, the Statesman reported.
Related: Earlier coverage of the fake Texas Transgender Student Union mailers
