A mother who was arrested for posting photos of a Texas city's discolored water has filed a federal lawsuit against the police, claiming her First Amendment rights were violated. Jennifer Combs, an independent journalist, sued the City of Trinidad, Police Chief Charles Gregory, Officer Cameron Beckham, and City Councilwoman Marie Bannister over the incident.
Background of the Case
The lawsuit stems from an April Facebook post by Combs, which showed discolored water in a bathtub within Trinidad's city limits, located about 70 miles from Dallas. In her post, she wrote, 'We are receiving reports of possible water quality issues, including concerns about bacteria and unsafe conditions. If your water is discolored, has sediment, odor, or if you or your family have experienced illness you believe may be related, please reach out.'
Days later, the Trinidad Police Department responded on Facebook, stating they had not received confirmed reports from hospitals or health agencies indicating hospitalizations due to bacteria in the water system. They also reminded the public that under Texas law, sending a false alarm or report is illegal. Two weeks after Combs' post, the city issued a boil water advisory.
Arrest and Legal Action
Combs was arrested a month after her post on charges of sending a false alarm. Although a grand jury declined to indict her, prosecutors could still pursue the case. The grandmother is now suing for 'manufacturing criminal charges' against her, alleging political retaliation. The lawsuit states, 'The charges against Mrs. Combs are not the product of legitimate law enforcement. They are the product of political retaliation.'
Combs accuses the defendants of a coordinated attack to hide the city's water problems. She specifically claims Bannister, who has family ties to the city's water infrastructure, had a motive to suppress her reporting. Combs maintains she received credible reports from community members, including one who was hospitalized after consuming the water.
Legal Arguments
Her lawyers argue that charging her with a false alarm is unlawful, as the law typically applies to falsely reporting a fire or explosion. The lawsuit reads, 'It has no application whatsoever to the act of a journalist sharing community safety information with the public through social media.' Combs is demanding a jury trial and compensation for reputational harm and anxiety.
A spokesperson for the Texas Commission on Environmental Quality confirmed an ongoing investigation into the water quality inquiry. Combs has started a GoFundMe to fund her defense, according to her lawyer, CJ Grisham.
Combs told Fox 4 News that the experience was 'one of the most humiliating things I've ever gone through in my entire life.' She stands by her reporting, saying, 'There's people that are saying that their appliances are getting ruined, they can't cook with the water, they can't bathe with it, they can't do laundry. A lot of them feel hushed, and like they don't have a voice and no one listens to them and no one takes them seriously.'
The Daily Mail has reached out to the Trinidad Police Department, Bannister, and Combs' attorney for comment.
