Brimer to appeal ruling on opponent

FORT WORTH — Republican state Sen. Kim Brimer will appeal a ruling that his Democratic challenger, Wendy Davis, is eligible to run against him in November.

A state district judge ruled Tuesday that Davis, a former Fort Worth councilwoman, is eligible to run.

"We are in the process of both campaigning for the fall election and appealing the district court’s decision on our opponent’s eligibility," a statement from Brimer’s campaign said.

Davis’ office said Brimer’s attitude and response are why she chose to challenge him for the office.

"Mr. Brimer still doesn’t get it," Matt Latham, Davis’ campaign manager, said in a statement. "After his second failed attempt to deny the voters of Senate District 10 a voice in their choice for state senator, he continues to hide behind his lawyers or even to face his opponent in a public debate of the issues important to the good people of District 10."

Brimer’s office said in the statement that he would debate Davis if an appeals court rules she is eligible and if she repays the salary she earned as a councilwoman from May 2007 to January 2008.

Brimer sued Davis last month alleging that she is ineligible to run for state Senate because she filed before her replacement on the council had been sworn in. Davis has maintained that she complied with state and local laws.