In August, three activists with the grassroots group PRO Gainesville were found guilty of “obstructing a highway or other passageway” during a march two years earlier. They'd called for the removal of a towering Confederate monument from the town's square.
In what critics have slammed as a politically motivated case, Torrey Henderson, Justin Thompson and Amara Ridge were sentenced to a week behind bars and a fine of $2,000. But on Monday, the American Civil Liberties Union of Texas announced that it’s helping to lead the effort to appeal the protesters’ convictions.
Henderson said that support for the PRO Gainesville Three is building every day.
“I feel really excited for what this says for rural communities,” she said. “Being able to go through this and grow with it has been uncomfortable at moments, but I feel like this is good as an American, as a Texas citizen.”
PRO Gainesville led demonstrations starting in June 2020 calling for equality and the removal of the town's two Confederate statues. That summer, the Black Lives Matter movement had witnessed a resurgence following the murder of George Floyd, a Black man whose death at the hands of a white Minneapolis police officer was caught on video.
The activists say that their protest on Aug. 30, 2020, had gone smoothly. Three days later, they learned that warrants had been issued for their arrests.
The subsequent trial was also tough on them, including on Henderson’s sons.
“It was ... very emotional for them, you know?” Henderson said. “It was hard on our family just kind of trying to figure out: What do we do next? What do we do if I have to go to jail right after this?”
The ACLU of Texas said in a statement on its website that it’s asking for the protesters’ convictions to be overturned by the Seventh Court of Appeals. The civil rights group also points out that the “case sets a dangerous precedent” for free speech-loving Texans who are pushing for a “more inclusive future.”
Attorney Savannah Kumar with the ACLU of Texas told the Observer that the right to peacefully protest has a long history in both Texas and the nation. She said the “streets are the quintessential place for exercising our First Amendment rights” — rights that the U.S. Supreme Court has affirmed time and again.
At one point during the march, some protesters walked into the street to avoid a puddle of water on the sidewalk. But Kumar said the demonstrators, who were accompanied by local law enforcement, had been marching consistently and did not intentionally block a passageway.
The trio’s case is something that could have consequences for ordinary pedestrians, Kumar said.
“I believe in the power of protest and calling for change.” – Justin Thompson, PRO Gainesville
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“This is something that I think all of us can relate to as we walk through our downtown areas or the streets in our community or the sidewalks in our community,” she said. “Those minor instances of stepping into the street are ordinary, and in this case, they're being criminalized with jail time.”
Kumar also argued that there isn't sufficient evidence to prove that her clients themselves committed the actions of which they’re accused. They made every effort to follow the rules, she said. Targeting people who exercise their constitutional rights can have a chilling effect, she continued, “and that's something that should be concerning for all of us.”
A representative for the Cooke County Attorney’s Office declined the Observer’s request for comment, stating that the county attorney doesn’t comment on ongoing cases.
PRO Gainesville’s Thompson told the Observer that he decided to move away from Gainesville after his arrest. The trial took a toll on his mental health and provoked a ton of anxiety, he said, and he feared losing his job.
Thompson said that PRO Gainesville’s leadership did its best to work with police during the August 2020 protest to ensure an orderly march. In a video by the ACLU of Texas, he recalled shaking hands with law enforcement after the demonstration. He claimed he asked police “if there was anything wrong”; they purportedly answered “no” and said they’d “had a great time.”
Thompson is glad that the appeals court is looking at the case and said he has faith the court will make the right decision. The way he sees it, history is on the side of the protesters.
Speaking up for equality and minorities in rural Texas can be a hard thing, Thompson said. It’s been a difficult journey, but he’s feeling more confident thanks to the involvement of the ACLU of Texas.
“I believe in the power of protest and calling for change,” Thompson said. “I envision a Gainesville where people aren't attacked for using their First Amendment speech. And I believe that one day, the community will become inclusive and will be open to … making amends with their own history.”
