An Odessa attorney who vowed to hold the mayor and city council responsible for disregarding the rights of citizens to speak during city council meetings has made good on his threat to file a lawsuit.
Gaven Norris said there cannot be two standards for who is allowed to speak during meetings — specifically saying that Mayor Javier Joven allows those who support his pet projects to speak but seeks to shut down those who don’t support his agenda. “We have our rights and he doesn’t want to hear our complaints,” Norris said Thursday via phone.
Norris on Thursday filed a civil lawsuit against the City of Odessa for violation of Norris’ rights provided under the Texas Government Code for public testimony at an open meeting.
Norris, during a meeting last week that resulted in the firing of Odessa City Manager Michael Marrero and City Attorney Natasha Brooks, filled out cards to address the council but was not allowed to speak before the firings.
Norris, in a press release, stated that this is the first of several lawsuits that he intends to file against the City of Odessa based on the bad acts of Javier Joven and his voting block.
Norris expects that the other lawsuits will come within the next several weeks and months.
The lawsuit filed against the City of Odessa contends that the Texas Government Code mandates that any interested person wishing to address the government “the City of Odessa,” by and through the Odessa City Council, shall be allowed to address the council prior to or during consideration of any specific agenda item. And, if this right is violated any action taken by (the City of Odessa) may be voidable.
Norris detailed that “while playing political games and refusing to be held accountable to the voice of the citizens of Odessa, Javier Joven, Denise Swanner, Mark Matta, Greg Connell, and Chris Hanie, engaged in a scheme or conspiracy to refuse to allow Norris and other citizens of Odessa the right to address the City Council on the matters regarding the firing and interim replacing of City Attorney Natasha Brooks and City Manager Michael Marrero prior to or during the council’s consideration of those matters, and prior to the City Council voting.
At best, Javier Joven acted in a grossly negligent manner in deny the rights of attorney Norris, and the citizens of Odessa to address the counsel. At worst, Javier Joven engaged in the blatant, intentional, willful, and wanton deprivation of the statutory rights of attorney Norris and the citizens of Odessa.
In the lawsuit, Norris is asking the Court to hold the Mayor and his voting bloc accountable to the citizens of Odessa by:
1) declaring that the city violated the Texas Government Code’s Open Meetings Act regarding Public Testimony;
2) voiding all actions of the council taken on December 13, 2022 where the city council took action without allowing citizens to address the council; and
3) restoring Ms. Brooks and Mr. Marrero to their position prior to December 13, 2022 unless and until the City provides the citizens the opportunity to address the council on those items as that right is mandated by Texas law.
“If Javier Joven and crew believe that they do not have to answer to the citizens that elected them into office, then Javier Joven and crew will have to answer to the court through litigation, depositions, and subpoenas,” the press release detailed.
