Family seeks restraining order against Garza

A Los Fresnos family is taking their lawsuit against a Cameron County justice of the peace one step further this morning in a state district court.

Maria Vasquez and her husband Daniel Zurita are asking for a temporary restraining order against Pct. 6 Justice of the Peace Gustavo "Gus" Garza.

The temporary restraining order would prevent Garza from authorizing or permitting the striking of minors in his courtroom, pending the outcome of a trial. A hearing is under way before 404th District Judge Abel Limas.

Although a temporary restraining order is normally issued without a hearing, the courtesy was extended because the named defendant is a judge, the family's attorney Mark Sossi said.

The family filed a lawsuit Wednesday on behalf of their 15-year-old daughter, seeking Garza's removal from office as well as unspecified damages over the alleged spankings in his court.

The lawsuit alleges that Garza in April threatened the girl and her stepfather that she would be found guilty of a criminal offense and fined $500 for not attending school unless Zurita spanked her in the courtroom. Zurita, who said he spanked his stepdaughter, alleges that he felt he had to deliver the spanking.

The family also seeks the court's ruling that a Texas justice of the peace does not have the power to order the corporal punishment of a child as part of a sentence or rehabilitation plan for truancy.

Garza was not available for comment Thursday.

There are 10 other justice of the peace courts in Cameron County, and a polling of seven JP offices shows that corporal punishment is not a part of their procedures.

"I send them to the Gladys Porter Zoo to do community service," Pct. 2 Place 1 Justice of the Peace Linda Salazar said of truants whose families can't afford the fines. "That's as far as I go. I try to counsel them also."

The youths also are instructed to provide the court with a report of what they learned during the community service.

Truancy cases are channeled to the JP courts, and the Municipal Court hears cases of disorderly conduct, criminal mischief and fights involving minors.

"I would not use corporal punishment in the courtroom setting, but I'm not against it in the school setting," Presiding Municipal Judge Ben Neece said. "What I prefer is to find out what the root of the problem is and that the kids go through counseling with the parents also. I would rather try rehabilitation versus punishment."

According to the lawsuit against Garza, the Los Fresnos Consolidated School District policies prohibit corporal punishment.

"Any action by any district employee which would sanction, encourage, promote or support such a practice would be in violation of the express written policies set forth by the Los Fresnos CISD Board of Trustees," the lawsuit states.

School officials were not available to comment.

At the Brownsville Independent School District, corporal punishment was prohibited from 15 to 20 years ago, spokeswoman Drue Brown said.

AT A GLANCE

The request for a temporary restraining order against Pct. 6 Justice of the Peace Gustavo "Gus" Garza that Los Fresnos residents Mary Vasquez and Daniel Zurita filed against him Wednesday on behalf of their minor daughter seeks the following:

>To prevent Garza from permitting or authorizing corporal punishment of all minors in his courtroom.

>To direct him not to threaten corporal punishment or retaliation against any minor, parent, or guardian of any minor.

>To keep him from destroying or disposing of two wooden paddles he is said to keep in this courtroom.

>To prevent him from destroying or deleting any files or records reflecting corporal punishment of juveniles in his courtroom.

>To keep him from destroying any communications with the Los Fresnos Consolidated Independent School District regarding corporal punishment of minor students within the district.

>To remove any case involving their minor daughter to another justice of the peace court.

Source: The petition for a temporary restraining order.