Victor Vazquez, a longtime resident of Webb County and U.S. military veteran, has filed a federal lawsuit against the United Independent School District (UISD), Superintendent Gerardo Cruz, and Chief of Police Aaron Salazar, alleging violations of his First and Fourteenth Amendment rights. The suit, filed on November 22, 2024, in the U.S. District Court for the Southern District of Texas, claims the district implemented an unconstitutional policy restricting public recordings and retaliated against Vazquez for exercising his rights.
The legal dispute centers on UISD’s new policy, enacted during a September school board meeting, which requires individuals to record public meetings from designated areas. Vazquez, who regularly records and documents UISD activities for his Facebook group, Parents United, argues that the policy is an unlawful prior restraint on his constitutionally protected right to document public officials and share that information with the public.
A Long History of Advocacy
Vazquez, A military veteran and a 21-year employee of the U.S. Border Patrol and active community advocate, has spent years monitoring UISD operations. Through Parents United, Vazquez shares updates with over 6,000 followers, aiming to increase transparency and accountability in local government. His activities include attending public meetings, recording board discussions, and documenting district facilities and employee conduct.
For years, Vazquez’s recordings had been largely uneventful. That changed on September 18, 2024, when the UISD Board of Trustees enacted a policy restricting video recordings to a designated area during meetings. At that meeting, Vazquez witnessed board members immediately enforce the policy by directing attendees who were recording to stop or move to the designated area. One individual, Ismael Rincon, was escorted out of the meeting when he refused to comply.
Vazquez, who recorded portions of the meeting from his seat, was warned that further recording outside the designated area would result in his removal. The policy, Vazquez contends, is a clear violation of his rights under the First Amendment, which protects the public’s ability to document officials in public spaces.
The UISD Policy and Immediate Fallout
The new policy, labeled GKA (Local), prohibits unauthorized audio or video recordings of district employees or facilities during regular business hours and at board meetings outside designated areas. Vazquez asserts in his complaint that this policy is overly broad, targeting not only disruptive conduct but also peaceful, silent recordings that are constitutionally protected.
In his lawsuit, Vazquez references Turner v. Lieutenant Driver (2017), a Fifth Circuit decision that affirmed the public’s right to record officials in public spaces. He argues that UISD’s policy constitutes an unlawful prior restraint on free speech, chilling his ability to hold officials accountable.
The lawsuit also details a letter sent to Vazquez by Superintendent Cruz on September 23, 2024. The letter, included as an exhibit, accuses Vazquez of harassing and intimidating district employees by recording them and warns him to cease such activity or face removal from district properties. Cruz further asserted that recording employees violated district policy and disrupted district operations.
Vazquez responded the following day, on September 24, disputing Cruz’s claims. In his response, Vazquez called the policy a violation of established constitutional law and stated his intent to continue recording as long as his actions remained within the bounds of the law. He also warned Cruz and other district officials that he would pursue legal action if his rights were further infringed.
Allegations of Retaliation
The lawsuit accuses UISD officials of retaliating against Vazquez for challenging the policy. On October 2, 2024, Vazquez alleges that Superintendent Cruz and Chief Salazar filed a formal complaint with Vazquez’s employer, the U.S. Border Patrol. The complaint accused Vazquez of disruptive conduct, citing his recording activities as threatening and intimidating to district employees. Although the complaint did not result in disciplinary action, Vazquez asserts that it was a deliberate attempt to damage his reputation and discourage his activism.
The retaliation extended beyond the complaint to direct threats of punishment, Vazquez claims. In his filings, he details warnings from Cruz and Salazar that he would be designated an unauthorized person on district property if he continued recording, effectively barring him from attending public meetings. Vazquez argues that these actions were designed to suppress his efforts to expose and document district operations.
Legal Claims and Relief Sought
Vazquez’s lawsuit is rooted in federal civil rights law, specifically 42 U.S.C. § 1983, which allows individuals to sue for constitutional violations committed under the color of state law. The complaint alleges violations of Vazquez’s First Amendment right to free speech and his Fourteenth Amendment right to due process. It also includes a Monell claim against UISD, holding the district liable for implementing and enforcing an unconstitutional policy.
Vazquez is seeking several remedies from the court, including a preliminary injunction to block UISD from enforcing the policy while the case is pending. He is also requesting declaratory relief, asking the court to formally recognize that UISD’s policy and actions violated his constitutional rights. Additionally, Vazquez is pursuing compensatory and punitive damages, including $1 million in punitive damages against Cruz and Salazar in their individual capacities.
The complaint includes a detailed recounting of the emotional, professional, and reputational harm Vazquez claims to have suffered as a result of the district’s actions. He argues that the policy not only restricted his ability to document public officials but also undermined his credibility within the community and with his employer.
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