Pastor kicked from Tarrant meeting sues county judge for $250k in damages
A pastor is suing County Judge Tim O’Hare and Tarrant County for its “unconstitutional” rules of decorum that forbid clapping and allow O’Hare to oust audience members.
The case claims Bishop Mark Kirkland, the senior pastor at Greater Saint Mark Ministries in Fort Worth, “suffered injuries and damages for his mental and emotional injury, and for mental anguish, humiliation and embarrassment” and requests the defendants give him $250,000 for punitive damages.
In a Dec. 9 Commissioners Court meeting, Bishop Mark Kirkland was told to sit down because he made a remark chastising the fact that clapping is banned in the commissioners meetings. O’Hare told him his time to speak in public comment would not be fulfilled, and he needed to sit down. After the two argued for about a minute, O’Hare told sheriff’s deputies to remove Kirkland from the room.
Before the lawsuit was filed, O’Hare’s Chief of Staff Ruth Ray, said the judge is a firm believer in the Constitution and the removal of Kirkland was for the repeated violation of Tarrant County’s decorum policy.
Chapter 551 of Texas government code says a governmental body may not prohibit public criticism of the governmental body, including criticism of any act, omission, policy, procedure, program or service.
“(Local government code) ensures the public may speak on specific agenda items — but it does not give anyone authority to hijack the meeting, shift discussion to non-agenda topics outside of public comment, or disregard or try to speak over the Presiding Officer,” Ray said in a statement.
The Tarrant County Commissioners Court’s rules of decorum do not provide a limit on the county judge regarding what instances he can throw someone out of the meeting. O’Hare is known to silence any actions of approval or disapproval and has thrown a number of people out of the courtroom.
Filed Monday in U.S. District Court for the Northern District of Texas, the lawsuit claims the policy is unconstitutional and O’Hare and the county enforce the rules “with an iron and selective fist against critics.”
The case highlights the difference in treatment between Kirkland as a Black man and the succeeding speaker who is a white man.
Lon Burnam, incorrectly identified as Bo Burnham in the lawsuit, was called up to the microphone after Kirkland was dismissed and also mentioned something unrelated to the item at hand. No action was taken against Burnam, though he has been banned from court meetings by O’Hare before.
“Defendants O’Hare frequently violates the free speech rights of citizens who are called upon during public comment based on their content of their speech that may be critical of the governing body or Defendant O’Hare personally,” the lawsuit alleges.
Ray said before the lawsuit was filed the county judge has never and will never oust a person due to criticism.
“The right to speak must be exercised within the rules and order of the Court,” Ray said. “This lawsuit will be vigorously defended by Judge O’Hare. Decorum must be upheld in meetings of our government institutions.”
This is not the first time someone has sued O’Hare or the county after being thrown out. There is another case still under consideration that was filed in the same court in July.
This story was originally published December 16, 2025 at 11:36 AM.