December 11, 2006
Austin, TX - Today, the American Civil
Liberties Union Foundation of Texas joined with leading conservative
and libertarian organizations to file a brief with the U.S. Court of
Appeals for the Fifth Circuit in support of the Gates family, in a
case involving a warrantless raid of the Gates home and seizure of
their children by the Defendants, Texas Department of Family and
Protective Services (CPS) and Fort Bend County Sheriff's Office.
The Gates' children were taken by Defendants
from their home in a jail wagon at the conclusion of the raid on
February 11, 2000 and scattered to foster homes, before being
returned to the Gates' the following Monday after a court hearing.
The brief argues that Defendants violated
the Gates' Fourth Amendment right to be free from unreasonable
search and seizures, their heightened procedural due process rights
triggered by their paramount liberty interest under the U.S.
Constitution to direct the upbringing of their children, and their
analogous rights as recognized by the Texas Constitution. The brief
also maintains that Defendants' routine practice of conducting such
warrantless seizures of children, even in the absence of any
immediate danger of physical abuse or emergency, is contrary to
Texas law.
Joining the ACLU as amici curae in
filing this brief are the Texas Eagle Forum, the Liberty Legal
Institute, the Texas Home School Coalition, and the Libertarian
Party of Texas.
ACLU of Texas Executive Director Will
Harrell stated, “The ACLU of Texas is proud to join with prominent
conservative and libertarian groups in this important case. We don’t
always agree, but we do agree that the Fourth Amendment requires
probable cause and a warrant for non-emergency searches and
seizures, and that this interest is particularly strong when the
sanctity of the family is involved."
Harrell continued, "The ACLU and the other
parties to the brief share a concern that CPS, while having a
legitimate purpose, regularly oversteps constitutional bounds and
that in our free society, there is a dire need for a bright- line
restriction on their ability to intrude into the private lives and
homes of Texans. The state can ensure that children are not being
abused without violating the constitutional rights of their parents,
and indeed the very children it seeks to protect."
The brief is authored by Marc A. Levin, an
Austin attorney and former law clerk at the Fifth Circuit who is
known for his commitment to individual liberty. The Fifth Circuit is
based in New Orleans and the case is being appealed from the U.S.
District Court for the Southern District of Texas, Houston, Judge
Lynn Hughes. The case is No. 06-20763 and is styled:
GARY W GATES, JR; MELISSA GATES ;
Individually and as next friends to Sarah Gates, Derodrick Gates,
Travis Gates, Raquel Gates, Cynthia Gates, Cassandra Gates, Timothy
Gates, Andrew Gates, Alexis Gates, and Marcus Gates; GARY WILTON
GATES; GEORGE GATES; SCOTT GATES
Plaintiffs-Appellants,
vs.
TEXAS DEPARTMENT OF PROTECTIVE AND REGULATORY SERVICES; ET AL.
Defendants-Appellees
To view the brief, please click
here.
