By John O’Brien Legal Newsline
AUSTIN, Texas (Legal Newsline) – The Texas Supreme Court has rejected the state Republican Party’s attempt to “commandeer” the George R. Brown Convention Center in Houston this week.
The Texas GOP was supposed to be holding its convention there this week, but Houston Mayor Sylvester Turner announced the cancellation of it, citing coronavirus-related health concerns. The event was supposed to draw about 6,000 people.
The Texas GOP sued Houston, seeking an injunction requiring the center to comply with the contract the sides signed. It sought an order preventing the city from restricting the convention’s events or using COVID-19 as a pretext to cancel the convention.
It said Turner’s reliance on the Force Majeure clause in the contract was a smokescreen to treat the Republicans differently. Turner is a Democrat.
“The Party argues it has constitutional rights to hold a convention and engage in electoral activities, and that is unquestionably true,” the decision says.
“But those rights do not allow it to simply commandeer use of the Center. Houston First’s only duty to allow the Party use of the Center for its convention is under the terms of the parties’ agreement, not a constitution.”
Justice John Devine issued a 10-page dissent, saying he would hold Houston to its word. To invoke the Force Majeure clause, Houston would have had seven days after the “occurrence” to act. It didn’t do so until July 8.
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