AUSTIN, Texas (CN) --- The Texas Civil Rights Project and the Protect Democracy Project filed two separate lawsuits Thursday in federal court against the drivers of a so-called “Trump Train” and the San Marcos Police Department for violating the Ku Klux Klan Act of 1871.
The Ku Klux Klan Act of 1871, or the Klan Act, was enacted to deter and create penalties for those who commit acts of political violence. The lawsuit against the Trump supporters argues, “[used] their vehicles as weapons” to stop the campaign from being able to exercise their right to free speech. They also argue that the San Marcos police violated the Klan Act by refusing to answer the staffers' calls for help and allowing for the acts of the Trump supporters to continue.
Former Texas state Senator Wendy Davis, White House staffer David Gins, Biden-Harris campaign volunteer Eric Cervini and bus driver Timothy Holloway were traveling across Texas in a three-day tour for the Biden-Harris campaign. Davis, Gins and Holloway traveled inside the bus while Cervini followed outside in a separate SUV.
During the first two days of their tour, the plaintiffs recount Biden-Harris supporters being harassed at campaign stops. According to the lawsuit, people “displayed weapons” and yelled “death threats” at supporters.
While traveling through central Texas, the Biden-Harris campaign bus was afforded several police escorts while safety concerns for staffers and supporters grew.
Before starting the final leg of their tour, the campaign gave the San Marcos Director of Public Safety Chase Stapp a “24 [hour advance] notice of the Biden-Harris Campaign’s safety concerns.”
Upon leaving San Antonio and entering New Braunfels, the bus was escorted while on its way to its next stop at Texas State University in San Marcos. This left the bus, and Cervini in a separate vehicle, without procession once they left New Braunfels city limits.
While still being escorted by police, a group of trucks adorned in pro-Trump flags gathered behind the bus and escort in a self-labeled “Trump Train.” Staffers began calling the San Marcos Police Department before losing their escort, fearing what the group of trucks may do without a police presence nearby. San Marcos police told them “that they would not respond unless the Biden-Harris Campaign was ‘reporting a crime,’ explaining: ‘we can’t help you.’”
Upon the escort dropping off, the lawsuit claims that Eliazar Cisneros, Hannah Ceh, Joeylynn Mesaros, Robert Mesaros, Dolores Park and others in the “Trump Train” seized the bus while driving. They aggressively surrounded the bus and limited its ability to move.
For 90-minutes, the “Trump Train'' maintained its position around the bus. One of the drivers in the convoy of trucks, Cisneros, side-swiped Cervini in his SUV.
Video footage of the incident quickly garnered attention over social media. Some of the Trump supporters involved in the incident live-streamed the incident. Former President Trump shared in a tweet a video of the Biden-Harris bus being followed by the “Trump Train” with a caption reading “I LOVE TEXAS.”
Subsequently, the campaign canceled all further events on the tour, stating that “the Trump Train’s intimidation posed a safety risk” to the campaign staffers and supporters.
The Texas Civil Rights Project and the Protect Democracy Project say that the actions of the Trump supporters amount to intimidation and political violence. Emma Hilbert, a senior attorney with the Texas Civil Rights Project, said in an interview that the Klan Act is meant to address acts of political violence like those committed by the “Trump Train” that day.
The Biden-Harris campaign said police ignored its bus during the altercation. Due to their inaction during the incident, the separate lawsuit against the police department claims that they too violated the Klan Act by failing to prevent or stop what happened.
The lawsuit goes on to say, “As a result of the events of October 30, which escalated in San Marcos without the presence of a police escort, Plaintiffs suffer ongoing psychological and emotional injury.” The driver of the bus, Timothy Holloway says he has been unable to drive a bus since that day.
“I think that we’ve seen in the U.S. and elsewhere that once political violence starts, it's really hard to stop,” said Hilbert. “If you allow something like Oct. 30 or Jan. 6 to go unaccounted for, that sends a message that behavior that is violent, threatening or harassing is okay.”
In this suit, the Texas Civil Rights Project and co-council said that acts of political violence are not okay and must not be taken as a “new normal.”
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