UVALDE, Texas — The Uvalde Consolidated Independent School District lifted its ban on a father of two from accessing school property after a non-profit civil liberties group stepped up for his constitutional rights.
“People think you have to sit down and just shut up and we have the right to speak up if something’s not right,” said Adam Martinez.
Martinez has been an outspoken critic of Uvalde CISD following the mass shooting at Robb Elementary on May 24, 2022, where 19 children and two teachers died. It took 77 minutes for nearly 400 officers from several law enforcement agencies to kill the teenaged gunman.
Martinez’s push for accountability led him to a Feb. 13 school board meeting where he questioned Uvalde CISD Police Chief Joshua Gutierrez about a new officer recruited to the district’s police force.
“It’s always been about the safety of the children,” Martinez said.
Video shared with KENS 5 shows Martinez talking with Gutierrez off to the side while the board meeting is underway.
“I wanted to make sure that whoever they did hire was qualified,” Martinez said. “After I did some vetting, the sheriff told me that this guy was not eligible for rehiring according to his standards.”
Martinez said Gutierrez verbally banned him from the school. A letter from Interim Superintendent Gary Patterson the following day alleged Martinez’s behavior was disruptive and in violation of board policy code. As a result, Martinez was banned for two years from accessing school property.
Martinez filed grievances, leading him to granted exceptions of being able to pickup his daughter from school and attend his son’s baseball practices.
The Foundation for Individual Rights and Expressions (FIRE) sent a letter to Uvalde school officials in May, breaking down why the ban infringed on Martinez’s First Amendment rights. The letter emphasized a lawsuit would be filed if the ban against Martinez was not rescinded.
“This case comes down to one key fact, which is that the First Amendment prevents the government from retaliating against you if they don’t like what you have to say,” said Conor Fitzpatrick. “There is a very worrying trend across the country right now, not just in Texas, of local government officials trying to use their power over community meetings to silence members of the public who they don’t agree with. But the First Amendment puts a stop to that.”
Legal counsel with Uvalde CISD submitted a letter to FIRE on July 6, announcing Martinez may access board meetings once again:
“While it is clear that the parties do not agree as to the legality of Mr. Martinez’s actions at the February 13, 2023, meeting of the Board of Trustees, because Mr. Martinez Has affirmed that he has read and has agreed to follow the Board’s policies governing conduct at school board meetings, he may resume attending Board meetings, effective immediately, and subject to the same rules applicable to all attendees. Please be advised, and advise Mr. Martinez, that future reoccurrences of behaviors documented in the police report from the February 13, 2023, Board meeting could result in the trespass warning being reinstated.”
As for Martinez, he hopes this legal victory emboldens others to realize they too can speak out.
“People think you have to sit down and just shut up and we have the right to speak up if something’s not right," Martinez said.
Uvalde CISD officials were not available to elaborate on the reasoning for rescinding the ban.
To access full statements, documents and information regarding the case of Martinez v. Uvalde CISD, go here.