Case: Texas A&M Queer Empowerment Council v. Mahomes

4:25-cv-00992 | U.S. District Court for the Southern District of Texas

Filed Date: March 5, 2025

Case Ongoing

Clearinghouse coding complete

Case Summary

This case is about the cancellation of “Draggieland,” an annual student-funded drag show at Texas A&M, due to a drag ban implemented by the university’s Board of Regents (“Board”). On March 5, 2025, the student organization that produces Draggieland, Texas A&M Queer Empowerment Council (“Council”), filed suit against Texas A&M in the United States District Court for the Southern District of Texas.  The Council sued under 42 U.S.C. § 1983, alleging that the university’s prohibition of drag viola…

This case is about the cancellation of “Draggieland,” an annual student-funded drag show at Texas A&M, due to a drag ban implemented by the university’s Board of Regents (“Board”). On March 5, 2025, the student organization that produces Draggieland, Texas A&M Queer Empowerment Council (“Council”), filed suit against Texas A&M in the United States District Court for the Southern District of Texas. 

The Council sued under 42 U.S.C. § 1983, alleging that the university’s prohibition of drag violated the students’ right to free speech. The Council also argued that the Board violated the Texas Open Meetings Act by holding a meeting without providing proper notice. According to the Council, because the drag ban was promulgated at this illegally-held meeting, it was void. Represented by the Foundation for Individual Rights and Expression, the Council sought: (1) a temporary restraining order to prevent the cancellation of Draggieland, (2) an injunction against the enforcement of the Board’s drag ban, (3) an injunction to void any action taken by the Board at the meeting where it established the drag ban, and (4) declaratory relief. The case was assigned to District Judge Lee Hyman Rosenthal.

The District Court ruled in favor of the Council on March 24, 2025, enjoining Texas A&M from enforcing the drag ban and permitting Draggieland to proceed as scheduled. On March 28, 2025, Texas A&M filed an appeal and requested a stay of the preliminary injunction. As of March 31, 2025, this case was ongoing.

Summary Authors

Maddie Turk (4/5/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/69705701/parties/texas-am-queer-empowerment-council-v-mahomes/


Judge(s)

Rosenthal, Lee Hyman (Texas)

Attorney for Plaintiff

Morris, Jt (Texas)

Attorney for Defendant

Berg, Zachary William (Texas)

Csoros, Mark A. (Texas)

Kercher, Ryan Glen (Texas)

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Documents in the Clearinghouse

Document
1

4:25-cv-00992

Verified Complaint for Civil Rights Violations

Texas A&M v. Mahomes

March 5, 2025

March 5, 2025

Complaint
25

4:25-cv-00992

Order of Injunction

March 24, 2025

March 24, 2025

Order/Opinion

772 F.Supp.3d 792

24

4:25-cv-00992

Memorandum and Opinion

March 24, 2025

March 24, 2025

Order/Opinion

772 F.Supp.3d 792

Docket

See docket on RECAP: https://www.courtlistener.com/docket/69705701/texas-am-queer-empowerment-council-v-mahomes/

Last updated Aug. 11, 2025, 6:43 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against All Defendants (Filing fee $ 405 receipt number ATXSDC-33021503) filed by Texas A&M Queer Empowerment Council. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Civil Cover Sheet) (Morris, Jt) (Entered: 03/05/2025)

1 Exhibit

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2 Exhibit

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3 Civil Cover Sheet

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March 5, 2025

March 5, 2025

Clearinghouse
2

Request for Issuance of Summons as to All Defendants, filed. (Morris, Jt) (Entered: 03/05/2025)

March 5, 2025

March 5, 2025

PACER
3

MOTION for Temporary Restraining Order by Texas A&M Queer Empowerment Council, filed. Motion Docket Date 3/26/2025. (Attachments: # 1 Proposed Order, # 2 Proposed Order, # 3 Unredacted attachment) (Morris, Jt) (Entered: 03/05/2025)

1 Proposed Order

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2 Proposed Order

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3 Unredacted attachment

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March 5, 2025

March 5, 2025

RECAP
4

NOTICE of Appearance by JT Morris on behalf of Texas A&M Queer Empowerment Council, filed. (Morris, Jt) (Entered: 03/06/2025)

March 6, 2025

March 6, 2025

PACER

Referral Judge Selected

March 6, 2025

March 6, 2025

PACER
5

MOTION to Appear Pro Hac Vice for Adam Steinbaugh (Fee Paid: $100, receipt number ATXSDC-33032252) by Texas A&M Queer Empowerment Council, filed. Motion Docket Date 3/27/2025. (Steinbaugh, Adam) (Entered: 03/06/2025)

March 6, 2025

March 6, 2025

PACER

Referral Judge Selected: Magistrate Judge Dena Hanovice Palermo randomly selected to receive referrals. The selected Magistrate Judge is not assigned to this case until a District Judge refers the case or a motion or the parties consent to jurisdiction of the Magistrate Judge. Once a referral has been made, the name of the referral judge will appear at the top of the docket sheet. (hlc4)

March 6, 2025

March 6, 2025

PACER
6

CLERKS NOTICE Regarding Consent to Jurisdiction of Magistrate Judge. Parties notified, filed. (hlc4) (Entered: 03/06/2025)

March 6, 2025

March 6, 2025

RECAP
7

ORDER Scheduling Rule 16 Conference With the Court and Setting Out the Requirements for Initial Pretrial Work. Initial Conference set for 5/8/2025 at 02:40 PM by video before Judge Lee H Rosenthal. (Signed by Judge Lee H Rosenthal) (Attachments: # 1 Attachments) Parties notified. (hlc4) (Entered: 03/06/2025)

1 Attachments

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March 6, 2025

March 6, 2025

RECAP
8

NOTICE of Appearance by Zachary Berg on behalf of Sam Torn, Cage Sawyers, John Sharp, Mark A Welsh, III, William Mahomes, Robert L Albritton, David C Baggett, James R Brooks, John W Bellinger, Jay Graham, Michael A Hernandez, III, Michael J Plank, filed. (Berg, Zachary) (Entered: 03/07/2025)

March 7, 2025

March 7, 2025

RECAP
9

NOTICE of Appearance by Mark A. Csoros on behalf of Sam Torn, Cage Sawyers, John Sharp, Mark A Welsh, III, William Mahomes, Robert L Albritton, David C Baggett, James R Brooks, John W Bellinger, Jay Graham, Michael A Hernandez, III, Michael J Plank, filed. (Csoros, Mark) (Entered: 03/07/2025)

March 7, 2025

March 7, 2025

PACER
10

NOTICE of Appearance by Ryan G. Kercher on behalf of Sam Torn, Cage Sawyers, John Sharp, Mark A Welsh, III, William Mahomes, Robert L Albritton, David C Baggett, James R Brooks, John W Bellinger, Jay Graham, Michael A Hernandez, III, Michael J Plank, filed. (Kercher, Ryan) (Entered: 03/07/2025)

March 7, 2025

March 7, 2025

PACER
11

WAIVER OF SERVICE Returned Executed as to All Defendants, filed. (Morris, Jt) (Entered: 03/10/2025)

March 10, 2025

March 10, 2025

PACER
12

MOTION to Appear Pro Hac Vice for Jeffrey D. Zeman (Fee Paid: $100, receipt number BTXSDC-33046981) by Texas A&M Queer Empowerment Council, filed. Motion Docket Date 3/31/2025. (Zeman, Jeffrey) (Entered: 03/10/2025)

March 10, 2025

March 10, 2025

PACER
13

CORPORATE DISCLOSURE STATEMENT by Texas A&M Queer Empowerment Council, filed. (Morris, Jt) (Entered: 03/10/2025)

March 10, 2025

March 10, 2025

PACER
14

ORDER granting 5 Motion for Adam B. Steinbaugh to Appear Pro Hac Vice Note: Instructions to request Texas Southern CM/ECF registration through PACER are found here. (Signed by Judge Lee H Rosenthal) Parties notified. (gmh4) (Entered: 03/10/2025)

March 10, 2025

March 10, 2025

PACER
15

ORDER granting 12 Motion for Jeffrey D. Zenman to Appear Pro Hac Vice Note: Instructions to request Texas Southern CM/ECF registration through PACER are found here. (Signed by Judge Lee H Rosenthal) Parties notified. (gmh4) (Entered: 03/10/2025)

March 10, 2025

March 10, 2025

PACER
16

NOTICE of Setting. Parties notified. Motion Hearing set for 3/18/2025 at 09:00 AM in Courtroom 11B before Judge Lee H Rosenthal, filed. (gmh4) (Entered: 03/10/2025)

March 10, 2025

March 10, 2025

RECAP
17

Joint MOTION to Expedite Briefing Schedule on Motion for TRO/Preliminary Injunction by Texas A&M Queer Empowerment Council, filed. Motion Docket Date 3/31/2025. (Attachments: # 1 Proposed Order) (Morris, Jt) (Entered: 03/10/2025)

1 Proposed Order

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March 10, 2025

March 10, 2025

PACER
18

Summons Issued as to Robert L Albritton, David C Baggett, John W Bellinger, James R Brooks, Jay Graham, Michael A Hernandez, III, Michael J Plank, Cage Sawyers, John Sharp, Sam Torn, Mark A Welsh, III. Issued summons delivered to plaintiff by NEF, filed. (mew4) (Entered: 03/11/2025)

March 11, 2025

March 11, 2025

PACER

Summons Issued/Not Issued

March 11, 2025

March 11, 2025

PACER

Summons Not Issued as to William Mahomes due to these deficiencies: Style do not match case. Attorney or Plaintiff notified of deficiencies by NEF, filed. (mew4)

March 11, 2025

March 11, 2025

PACER
19

ORDER Setting Expedited Briefing Schedule granting 17 . Responses due by 3/13/2025. Replies due by 3/17/2025. (Signed by Judge Lee H Rosenthal) Parties notified. (gmh4) (Entered: 03/12/2025)

March 12, 2025

March 12, 2025

RECAP
20

RESPONSE to 3 MOTION for Temporary Restraining Order filed by Sam Torn, Cage Sawyers, John Sharp, Mark A Welsh, III, William Mahomes, Robert L Albritton, David C Baggett, James R Brooks, John W Bellinger, Jay Graham, Michael A Hernandez, III, Michael J Plank. (Berg, Zachary) (Entered: 03/13/2025)

March 13, 2025

March 13, 2025

RECAP
21

Other EXHIBITS re: 20 Response to Motion, by Sam Torn, Cage Sawyers, John Sharp, Mark A Welsh, III, William Mahomes, Robert L Albritton, David C Baggett, James R Brooks, John W Bellinger, Jay Graham, Michael A Hernandez, III, Michael J Plank, filed. (Attachments: # 1 Exhibit B, # 2 Exhibit C, # 3 Exhibit D, # 4 Exhibit E, # 5 Exhibit F, # 6 Exhibit G, # 7 Exhibit H, # 8 Exhibit I, # 9 Exhibit J, # 10 Exhibit K, # 11 Exhibit L, # 12 Exhibit M) (Berg, Zachary) (Entered: 03/14/2025)

1 Exhibit B

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2 Exhibit C

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3 Exhibit D

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4 Exhibit E

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5 Exhibit F

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6 Exhibit G

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7 Exhibit H

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8 Exhibit I

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9 Exhibit J

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10 Exhibit K

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11 Exhibit L

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12 Exhibit M

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March 14, 2025

March 14, 2025

RECAP
22

REPLY in Support of 3 MOTION for Temporary Restraining Order, filed by Texas A&M Queer Empowerment Council. (Attachments: # 1 Affidavit Declaration of Alexsandria "Alex" Gonce) (Morris, Jt) (Entered: 03/17/2025)

1 Affidavit Declaration of Alexsandria "Alex" Gonce

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March 17, 2025

March 17, 2025

RECAP
23

NOTICE of Errata re: 3 MOTION for Temporary Restraining Order by Texas A&M Queer Empowerment Council, filed. (Steinbaugh, Adam) (Entered: 03/19/2025)

March 19, 2025

March 19, 2025

RECAP
24

MEMORANDUM AND OPINION. For the reasons stated, the court grants the motion for a preliminary injunction 3 . The Board is enjoined from enforcing the ban. The Draggieland performance scheduled for 3/27/2025, in the Rudder Theatre, may proceed as originally scheduled. The court separately enters an order of injunction under Rule 65(c). No bond is required. (Signed by Judge Lee H Rosenthal) Parties notified. (gmh4) (Entered: 03/24/2025)

March 24, 2025

March 24, 2025

Clearinghouse
25

PRELIMINARY INJUNCTION. This preliminary injunction is effective immediately and remains in effect until further order of this court. (Signed by Judge Lee H Rosenthal) Parties notified. (gmh4) (Entered: 03/24/2025)

March 24, 2025

March 24, 2025

Clearinghouse
26

NOTICE OF APPEAL to US Court of Appeals for the Fifth Circuit re: 24 Memorandum and Opinion, 25 Preliminary Injunction by Robert L Albritton, David C Baggett, John W Bellinger, James R Brooks, Jay Graham, Michael A Hernandez, III, William Mahomes, Michael J Plank, Cage Sawyers, John Sharp, Sam Torn, Mark A Welsh, III (Filing fee $ 605, receipt number ATXSDC-33156028), filed. (Berg, Zachary) (Entered: 03/28/2025)

March 28, 2025

March 28, 2025

RECAP
27

Opposed MOTION to Stay PENDING APPEAL by Robert L Albritton, David C Baggett, John W Bellinger, James R Brooks, Jay Graham, Michael A Hernandez, III, William Mahomes, Michael J Plank, Cage Sawyers, John Sharp, Sam Torn, Mark A Welsh, III, filed. Motion Docket Date 4/18/2025. (Berg, Zachary) (Entered: 03/28/2025)

March 28, 2025

March 28, 2025

RECAP
28

Clerks Notice of Filing of an Appeal. The following Notice of Appeal and related motions are pending in the District Court: 26 Notice of Appeal,. Fee status: Paid, filed. (Attachments: # 1 NOA) (dar1) (Entered: 03/31/2025)

March 31, 2025

March 31, 2025

PACER

Motion Hearing

March 31, 2025

March 31, 2025

PACER

Appeal Review Notes

March 31, 2025

March 31, 2025

PACER

Appeal Review Notes re: 26 Notice of Appeal,. Fee status: Paid. The appeal filing fee has been paid or an ifp motion has been granted.No hearings were held in the case - no transcripts. Number of DKT-13 Forms expected: 1, filed. (dar1)

March 31, 2025

March 31, 2025

PACER

Appeal Review Notes re: 26 Notice of Appeal,. Fee status: Paid. The appeal filing fee has been paid or an ifp motion has been granted.Number of DKT-13 Forms expected: 1, filed. (dar1) Modified on 4/1/2025 (dar1).

March 31, 2025

March 31, 2025

PACER

USCA Case Number

April 8, 2025

April 8, 2025

PACER

Notice of Assignment of USCA No. 25-20108 re: 26 Notice of Appeal,, filed. (jrl1)

April 8, 2025

April 8, 2025

PACER
29

AO 435 TRANSCRIPT REQUEST by Texas A&M Queer Empowerment Council/Adam Steinbaugh for Transcript of MOTION CONFERENCE on 3/18/2025 before Judge Lee H Rosenthal. Expedited (7 days) turnaround requested. Court Reporter/Transcriber: Lanie Smith, filed. (Steinbaugh, Adam) (Entered: 04/09/2025)

April 9, 2025

April 9, 2025

PACER
30

TRANSCRIPT re: Motion hearing proceedings held on 3/18/2025 before Judge Lee H Rosenthal. Court Reporter/Transcriber Lanie Smith. Release of Transcript Restriction set for 7/9/2025., filed. (LanieSmith, 4) (Entered: 04/10/2025)

April 10, 2025

April 10, 2025

PACER
31

Notice of Filing of Official Transcript re: 30 Transcript. Parties notified, filed. (SDTX_CMECF_AutoDocket, ) (Entered: 04/10/2025)

April 10, 2025

April 10, 2025

PACER
32

DKT13 TRANSCRIPT ORDER REQUEST by Zachary Berg. Transcript is already on file in Clerks office regarding Motion Hearing on 3/18/2025 before Judge Rosenthal. (A transcript is requested). Court Reporter/Transcriber: Lanie Smith. This order form relates to the following: 30 Transcript, 26 Notice of Appeal, Motion Hearing,, filed. (Berg, Zachary) (Entered: 04/11/2025)

April 11, 2025

April 11, 2025

PACER
33

CORPORATE DISCLOSURE STATEMENT by Robert L Albritton, David C Baggett, John W Bellinger, James R Brooks, Jay Graham, Michael A Hernandez, III, William Mahomes, Michael J Plank, Cage Sawyers, John Sharp, Sam Torn, Mark A Welsh, III, filed. (Berg, Zachary) (Entered: 04/17/2025)

April 17, 2025

April 17, 2025

PACER
34

RESPONSE in Opposition to 27 Opposed MOTION to Stay PENDING APPEAL, filed by Texas A&M Queer Empowerment Council. (Morris, Jt) (Entered: 04/18/2025)

April 18, 2025

April 18, 2025

RECAP

Transmittal of Appeal (FORM, noticing) - Civil

April 23, 2025

April 23, 2025

PACER

Electronic Record on Appeal Certified

April 23, 2025

April 23, 2025

PACER
35

Stay

1 Proposed Order

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April 24, 2025

April 24, 2025

RECAP
36

Report of Rule 26(f) Planning Meeting

1 Proposed Order Proposed Scheduling and Docket Control Order

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April 24, 2025

April 24, 2025

RECAP
37

Reply in Support of Motion

April 25, 2025

April 25, 2025

PACER

Transmittal of Appeal (FORM, noticing) - Civil

April 25, 2025

April 25, 2025

PACER
38

Order

April 28, 2025

April 28, 2025

RECAP
39

Notice of Resetting (FORM, noticing) - Civil

April 28, 2025

April 28, 2025

PACER
40

Answer to Complaint

May 6, 2025

May 6, 2025

RECAP
41

Response in Opposition to Motion

May 15, 2025

May 15, 2025

PACER
42

Notice of Appearance

May 16, 2025

May 16, 2025

PACER
43

Reply in Support of Motion

May 22, 2025

May 22, 2025

PACER
44

Stay

1 Proposed Order Granting Motion to Stay

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May 27, 2025

May 27, 2025

RECAP
45

Other Notice

May 27, 2025

May 27, 2025

PACER
46

Staying Case

May 27, 2025

May 27, 2025

PACER

Case Details

State / Territory: Texas

Case Type(s):

Speech and Religious Freedom

Education

Key Dates

Filing Date: March 5, 2025

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Plaintiff is the Texas A&M Queer Empowerment Council, a student organization that produces "Draggieland," a yearly drag show that was cancelled due to a university-wide drag ban.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Texas A&M University, State

Defendant Type(s):

College/University

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

Constitutional Clause(s):

Freedom of speech/association

Available Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Content of Injunction:

Preliminary relief granted

Order Duration: 2025 - None

Issues

General/Misc.:

School/University Facilities

School/University policies

LGBTQ+:

Drag Show Bans