Texas AG uses courts to win limited ban on selling trans people underwear
The judiciary didn’t give both sides a chance to make their arguments and ruled solely on attestation of the state of Texas via AG Paxton.
The courts issued a TRO to a New York based retailer based solely on Texas AG Ken Paxton’s legal arguments.
Today, March 9, the 132nd District Court in Texas issued an immediate restraining order, forcing a New York State based online retailer to immediately stop selling underwear to trans kids. Specifically, the order classifies the garments as “actually dangerous Class I medical devices.” It also was issued “without notice”.
This claim is, of course, false.
Based solely on the legal arguments submitted to the Court by Texas AG Ken Paxton, District Judge William C. Sowder ruled that there would be “immediate” and “irreparable” harm if the order wasn’t issued with immediate effect, and ruled out the possibility of the defendant submitting any evidence or arguments prior to issuing the order.
The opening arguments of the ruling are enlightening.
“An ex parte order, without notice to Lola Olivia Inc. is necessary because there was not enough time to give notice to Lola Olivia Inc., hold a hearing, and issue a restraining order before the irreparable injury, loss, or damage would occur.
Specifically, if a temporary restraining order is not issued, Lola Olivia Inc. will continue to market and sell harmful chest binders that subject Texas children to at least twenty-eight different medical conditions, resulting in irreparable harm to consumers. Therefore, by this Order, the Court issues this Temporary Restraining Order, immediately restraining Lola Olivia Inc. from selling, shipping, or causing to be sold or shipped, any chest binders to any individuals or entities within the State of Texas.”
Essentially, the Texas judicial branch is serving to reinforce the anti-trans actions of the executive branch in Texas. This is a small-scale model of what’s been happening at the federal level.
Judge Sowder is operating on the assumption that the sale of products associated with trans people is a threat to cis people, an assumption shared by AG Paxton and his allies. As far as they are concerned, taking steps to transition, even when that only applies to one’s clothing, is immediately and permanently harmful, immoral, and wrong.
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Further, this example shows how actions in red states harm people in blue states. That is, Texas ordered a stop-sale on a New York-based retailer.
While the order technically only applies to sales to Texas-based entities and consumers, orders like this can have a chilling effect.
Ask yourself: What are the odds that the retailer stops all sales of the affected products while the courts’ order is active to avoid further liability versus them only selectively stopping sales for Texas addresses?
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